17 MARCH 2020 DEARBORN COUNTY COMMISSIONERS MEETING NOTES
The following information was provided to me thanks to Sue Hayden. I did not attend the meeting.
Present: Jim Thatcher, President, Art Little, and Rick Probst
Also present: Connie Fromhold, Auditor, Andy Baudendistel, Attorney, and Sue Hayden, Administrator
TITLE VI STATEMENT FOR COMPLIANCE was read by Baudendistel as legally required.
OLD BUSINESS
2nd Amendment Proclamation- TABLED from 3/3/20- Approved and signed
NEW BUSINESS
Bid Awards - Patty Jackson SIRPC- Lowest bids on 5 properties ranging from $16,944-82,289 were accepted in the Owner Occupied Rehabilitation Program were approved by Commissioners.
Amendments and Ordinances Planning and Zoning Director- Mark McCormack- The follwingtwo items were approved:
Zoning Ordinances- Article 23, Sections 2305, 2310, and 2315; Regarding Site Plan Review Authority, Procedure, and Application and Approval
Subdivision Control Ordinance - Article 3, Section 325.5c, regarding Residential Lot Grading and Drainage (particularly Roof and Subsurface Drains)
Bridge # 53 Hold Harmless Agreement - Highway Engineer, Todd Listerman- approved with authorization to sign by Thatcher after the meeting. This is a walking bridge only now and is owned by the owner of the property (Harold White Family) now.This is on Ferris Road in Guildford.
Grant Application Request – Health Department (Presented by Connie Fromhold)- approved for immunizations.
Proclamation Recognizing April 1, 2020 as Census Day- Approved
The following items were also signed at the meeting regarding the Coronavirus Issues:
Dearborn County Board of Commissioners
Proclamation of Local Emergency
Whereas, the World Health Organization has declared the novel Coronavirus Disease 2019
(“COVID-19”) a “Public Health Emergency of International Concern” on the 30th day of
January, 2020;
Whereas, on the 6th day of March, 2020, Eric J. Holcomb, Governor of Indiana, issued
Executive Order 20-02 which declared a “Public Health Emergency” in the State of
Indiana due to the COVID-19 pandemic;
Whereas, on the 13th day of March, 2020, Donald J. Trump, President of the United States of
America, issue a “Proclamation on Declaring a National Emergency Concerning Novel
Coronavirus Disease (COVID-19) Outbreak” whereby the COVID-19 pandemic was declared a national emergency;
Whereas, Indiana Code § 10-14-3-29(a) allows local disaster emergency to be declared by
the principal executive officer of a political subdivision and such a declaration may be
for a period of seven (7) days unless authorized by the governing board of the political
subdivision for a longer period of time;
Whereas, for purposes of Indiana Code § 10-14-3-29(a), the principal executive officer of
Dearborn County, Indiana is the President of the Dearborn County Board of
Commissioners and the governing board is the entire Dearborn County Board of
Commissioners; and
Whereas, the Dearborn County Board of Commissioners are in agreement with President
Trump and Governor Holcomb that the COVID-19 pandemic is an emergency that
threatens the health of the citizens of Dearborn County, Indiana.
Therefore, be it proclaimed by the Dearborn County Board of Commissioners as follows:
1. There is hereby declared a local emergency pursuant to Indiana Code § 10-14-3-29(a) due to the threat to the health of the citizens of Dearborn County, Indiana caused by the COVID-19 pandemic;
2. Said local emergency shall remain in effect, at this time, until the 21st day of April, 2020. This local emergency may be extended by subsequent proclamation of the Dearborn County Board of Commissioners;
3. This local emergency may be terminated at any time by subsequent proclamation of the President of the Dearborn County Board of Commissioners after consultation with the two (2) other elected Dearborn County Commissioners;
4. The Dearborn County Board of Commissioners are hereby authorized to take any and all steps necessary to limit the spread of COVID-19. This may include, but is not limited to, restricting public access to the Dearborn County Government Center during the pendency of this local emergency;
5. The public shall be notified of any restrictions by announcements on the Dearborn County website (http://www.dearborncounty.org), Press Releases provided to local media, and notices posted at public buildings; and
6. Ongoing operations involving the Dearborn County courts, Prosecutor’s Office, Clerk of Courts, Probation Department, and Sheriff’s Department may be addressed by separate orders or directives from those offices.
All of which is proclaimed by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2020.
BOARD OF COMMISSIONERS
DEARBORN COUNTY, INDIANA
______________________________ ______________________________
JIM THATCHER, President ART LITTLE, Member
ATTEST: ______________________________
RICK PROBST, Member
______________________________
CONNIE FROMHOLD
County Auditor
BOARD OF COMMISSIONERS
DEARBORN COUNTY, INDIANA
ORDINANCE 2020--_____
ORDINANCE ESTABLISHING DEARBORN COUNTY
DECLARED EMERGENCY FUND
WHEREAS, there are, from time to time, emergencies declared by Federal, State, and/or Local authorities;
WHEREAS, during such emergencies, supplies and resources may need to be purchased in an expeditious manner to combat the declared emergency;
WHEREAS, the Dearborn County, Indiana Board of Commissioners believe that a fund should be established for the deposit of monies to be used by Dearborn County, Indiana to protect its citizens during a declared Federal, State, or Local emergency;
WHEREAS, Indiana Code §36-1-3-5(a) states that “Except as provided in subsection (b), a unit may exercise any power it has to the extent that the power: (1) is not expressly denied by the Indiana Constitution or by statute…”;
WHEREAS, Indiana Code §36-1-3-6(b)(1) states that “If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must, if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power”; and
WHEREAS, the Dearborn County Board of Commissioners hereby find that there is no constitutional or statutory provision requiring a specific manner for creation of the Declared Emergency Fund, therefore, said Commissioners do hereby desire to use their Home Rule powers to establish said fund for the deposit of monies to be expended during times of declared emergencies.
BE IT, THEREFORE, ORDAINED that the Dearborn County Board of
Commissioners as follows:
1. Pursuant to the Home Rule powers of Dearborn County, Indiana, the Dearborn
County Board of Commissioners do hereby create the Declared Emergency Fund;
2. Any monies deposited into said Declared Emergency Fund may only be expended in situations where an emergency has been declared at the Federal, State, and/or Local level; and
3. Any monies in the Declared Emergency Fund can only be expended to combat any declared emergency and to protect the citizens of Dearborn County, Indiana.
ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2020.
BOARD OF COMMISSIONERS
DEARBORN COUNTY, INDIANA
______________________________ ______________________________
JIM THATCHER, President ART LITTLE, Member
ATTEST: ______________________________
RICK PROBST, Member
______________________________
CONNIE FROMHOLD
ADMINISTRATOR – Sue Hayden- collected Veteran’s Service Officer Resumes. Burgess is retiring May 1st. Interview process will begin soon.
AUDITOR – Connie Fromhold -Claims/Payroll and Minutes of Mach 3rd approved.
ATTORNEY – Andy Baudendistel- see below
COMMISSIONER COMMENTS- unrecorded
LATE ARRIVAL INFORMATION- This was shared with the Commissioners by Baudendistel- The following is an Executive Order from the Governor’s Office:
STATE OF INDIANA
EXECUTIVE DEPARTMENT
INDIANAPOLIS
EXECUTIVE ORDER
20-04
FOR:
FURTHER ORDERS AND DIRECTIVES IN RESPONSE TO THE CORONAVIRUS DISEASE 2019 EPIDEMIC
TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS:
WHEREAS, on March, 6, 2020, I issued Executive Order 20-02, which declared a public
health emergency in the State of Indiana as a result of the novel (new) Coronavirus Disease 2019 (“COVID-19") outbreak in Indiana, throughout the United States and worldwide;
WHEREAS,
since then, on March 11, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared COVID-19 outbreak a pandemic, and on March 13, 2020, the President of the United States declared COVID-19 to be a national emergency;
WHEREAS,
to reduce and slow the spread of COVID-19, the Centers for Disease Control and Prevention (“CDC”) and the Indiana State Department of Health ("ISDH”) have recommended implementation of mitigation strategies to increase containment of the virus, including cancellation of large gatherings and social distancing in smaller gatherings;
RECRUCE
WHEREAS,
limitations on large gatherings and using social distancing can prevent initial exposure and secondary transmission to our most vulnerable populations and are especially important for people who are over 60 years old or have chronic health conditions;
WHEREAS,
on March 12 and 13, 2020, I announced steps being taken, and to be taken, to address and respond to this public health emergency, including limitations on large gatherings, social distancing for smaller gatherings and suspending non essential activities and services;
WHEREAS,
as Governor, I have broad authority and powers under Indiana law to declare and respond to public health emergencies on behalf of our State;
WHEREAS,
as Governor, I also have authority under Indiana's Emergency Management and Disaster Law, Ind. Code $ 10-14-3 et seq., to allow for the suspension of the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules or regulations of any state agency where strict compliance with any of these provisions would in any way prevent, hinder or delay necessary action in coping with the public health emergency; and
WHEREAS,
in light of the above, it is necessary and proper to take further actions to protect the health, safety and welfare of all Hoosiers in connection with the continuing and evolving threat posed to public health by COVID-19;
NOW, THEREFORE, I, Eric J. Holcomb, by virtue of the authority vested in me as Governor by the Indiana Constitution and the laws of the State of Indiana, do hereby order that:
1. Indiana's Emergency Operations Center
The state's Emergency Operations Center (“EOC”), which I ordered to be raised to its highest status (Level 1), is to remain at that level, and I further direct the EOC to work in conjunction with the incident command center at the ISDH for planning, coordination, predictive analysis and other functions.
2. Indiana National Guard
Pursuant to Ind. Code $ 10-16-7, the Indiana National Guard be activated and placed
on state duty, as needed, to address and assist in this public health emergency. 3. Guidance for Gatherings
Indiana will continue to adhere to the CDC guidance for large events and mass gatherings. The current guidance recommends no in-person events of more than 50 people.
4. Following Advice of Federal and State Healthcare and Emergency Officials
All residents of Indiana are encouraged to heed the advice of the CDC, ISDH, Indiana Department of Homeland Security ("IDHS”) and other health care and emergency officials in connection with this public health emergency in order to protect their own health and safety as well as the health and safety of their families and fellow Hoosiers. It is the duty of every person in our state and entity doing business in Indiana, including every governmental body, agency, authority and official of any nature, to cooperate fully with the Commissioner of the ISDH and Executive Director of the IDHS
on all matters concerning this public health emergency. 5. Public Meetings/Open Door Laws
Public meetings conducted pursuant to Ind. Code : 5-14-1.5 et seq. should be limited to only essential matters critical to the operations of the governmental agency or entity for the duration of this public health emergency;
All specific statutory deadlines requiring a governing body to meet during the public health emergency are suspended for the duration of the emergency insofar as cancellations do not disrupt essential government decisions or services or when meetings are otherwise required by federal law;
All governing bodies of public agencies may suspend the requirement of explicitly adopting a policy for electronic participation and reduce the number of members required to be physically present to one member only (See Ind. Code § 5-14-1.5 3.6(c), (f), (g) & (h)). Entities should also adhere to the CDC guidance on gatherings and make efforts to allow the public to participate electronically, if feasible. All other provisions of Ind. Code § 5-14-1.5 et seq. remain in effect;
All governing bodies of public agencies may post notices and agendas for meetings solely by electronic means for the duration of this public health emergency; and
Any political subdivision or entity subject to the provisions of Ind. Code $5-14-1.5 3.5 may comply with the provisions of section 3.6 as modified by this Order in conducting public meetings for the duration of this public health emergency.
6. Food Service Establishments
In consultation with and concurrence of the Commissioner of the ISDH, restaurants, bars, nightclubs and other establishments that provide in-dining services are required to close to in-person patrons through March 31, 2020, but these entities are authorized to provide drive-thru, take-out and delivery services.
7. Non-Essential Surgical Procedures
Hospitals and ambulatory surgical centers are directed to cancel or postpone elective and non-urgent surgical procedures immediately. This action will help the healthcare system conserve resources and personnel necessary to meet emerging health needs. Physicians should continue to perform critical procedures necessary to prevent short term or long-term adverse effects to their patients' overall health.
8. Commitment of All Available State and Local Resources
All resources of the State of Indiana shall be available to assist in activities and actions designed to address this public health emergency, control the spread of COVID-19, and aid recovery efforts. Further, I hereby reserve the right to utilize and employ all available resources not only of state government but also of each and every political subdivision of our state in responding to this public health emergency.
9. Federal Assistance
The Executive Director of the IDHS, the Commissioner of the ISDH, or the designee of either, are directed to: (a) seek assistance from, and enter into agreements with, any and all agencies of the United States Government as may be needed to address this emergency; and (b) seek reimbursement for costs incurred by our state in responding to this public health emergency.
10. Public Health Interventions
The Commissioner of the ISDH shall make determinations as to quarantine, isolation and other necessary public health interventions as permitted under Indiana law.
11. Evacuations
The Executive Director of the IDHS, in conjunction with the Commissioner of ISDH, has authority to: (a) order the evacuation of persons, except for emergency and governmental personnel whose presence the Executive Director or Commissioner deem necessary, from any area where their continued presence would present a danger to their health, safety or welfare because of the conditions created by this public health emergency; and (b) utilize all property, equipment and facilities owned, rented, operated or maintained by the state, to house and/or shelter persons who may need to be evacuated from a residence, dwelling, building, structure or vehicle during the course of this emergency.
12. Price Gouging
Hoosiers and other consumers who believe they have been subjected to excessive prices for consumer goods during this public health emergency should contact the Office of the Indiana Attorney General, Consumer Protection Division, at 1-800-382 5516 or 317-232-6330.
This Executive Order is a supplement to, and deemed to be part of, Executive Order 20-02 and, therefore, shall expire at the same time as Executive Order 20-02, unless extended.
CA
APP CS
IN TESTIMONY WHEREOF, I, Eric J. Holcomb, have hereunto set my hand and caused to be affixed the Great Seal of the State of Indiana, on this 16th day of March, 2020
Eric J. Holcomb Governor of Indiana
Connie
Lawson
ATTEST:
Connie Lawson Secretary of State
Steve Kelly- Director of Court Services presented an agreement with IU for JCAP review/study for $79,000 plus for studying recidivism in the program and the relative success of the program. This should provide actual data. Approved.
PUBLIC COMMENT- none
ADJOURN- Around 6:15 PM
Christine Brauer Mueller
Lawrenceburg Township
