Tuesday, June 18, 2024

18 JUNE 2024 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

 18 JUNE 2024 DEARBORN COUNTY COMMISSIONERS MEETING NOTES


Present: Jim Thatcher, President, Alan Goodman, and Rick Probst


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

 Also present: Marc Emral, Register, Tamara Taylor, The Beacon. 


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


OLD BUSINESS: none


NEW BUSINESS: 


Litter Update – Celeste Calvitto- There were changes needed due to the road closures  on SR1. Sept 14 will now be Jamison instead of Georgetown Rd. She will advise the sheriffs dept. Commissioners Approved.


Nicole Daily, Director of Planning & Zoning:


Zone Map Amendment – Local Business(B-1) to High Density Residential(R-3)- asked for this to be TABLED until the agreement is finalized with DCRC ( Redevelopment Commission.) 


Zoning Ordinance Text Amendments 2024-010- TABLED also as it wasn’t included in the post. 


Discussion of Stateline Rd. Demolition Bid Packages- Nicole Daily-was very uncomfortable with this bid.  the lowest of 2 bids is in violation of 3 depts with permits etc. She wants to reject both bids and go out for bids again. Approved to reject and rebid. 


MS4 Interlocal w/Cities Amendment – Andy Baudendistel- They have the initial pot of $25K with the 3 cities and the cities  also have their own agreements separate. They want to increase the pot to $50k total. The initial has been used up so far. There is already money on the budget for this $17,000 share that the county will pay in. Approved Amendment #1 to this interlocal agreement. 

Baudendistel said the MS4 items will be on the July meeting.


Dillsboro 2024 Provisional Contract- Steve Gemmer- representing the Dillsboro Board of Directors. This letter to Commissioners preceded the meeting.


June 13, 2024

Dearborn County Commissioners

165 Mary Street

Lawrenceburg, Indiana 47025

Attn: Jim Thatcher, District 1

Allen Goodman, District 2

Rick Probst, District 3


Re: A Contract Proposal for Dillsboro to Provide Emergency Medical Services for Dillsboro and the Territory The Dillsboro Emergency Unit Inc. covers..


To the Dearborn County Commissioners:


This letter informs The Dearborn County Commissioners that The Board of Directors for The Dillsboro Emergency Ambulance Unit Inc. is reviewing the Provisional Contract for Emergency Medical Services dated May 31, 2024, and was delivered to us by Kevin Turner on Saturday, May 27, 2024. 


At least two of the members of The Board of Directors for the Dillsboro Emergency Ambulance Unit Inc. will be at the Dearborn County Commissioners meeting on June 18, 2024, with a Contract that will be approved by the current Board of Directors. The purpose of this meeting is to seek your approval for the contract proposal.


We will provide copies for all three of The Dearborn County Commissioners plus Connie Fromhold, Dearborn County Auditor, Sue Haydon, Dearborn County Administrator, and Andy Baudendistel, Dearborn County Attorney.


In this way, we can discuss the terms of the said contract in an open public meeting and find a solution to this situation so we can get The Town of Dillsboro the EMS Service back in service that they are paying for with their taxes.  


In conclusion, The Board of Directors for the Dillsboro Emergency Medical Unit Inc. is fully committed to resolving all matters and serving The Town of Dillsboro and Dearborn County once again.


Sincerely,

The Board of Directors for the Dillsboro Emergency Unit Inc.




The following contract was passed out to all the Commissioners and people present in the room by Steve Gemmer and Harry Witteride for the Dillsboro EMS as an alternative to the one sent to Dillsboro EMS by the Commissioners.


2024 Contract for Emergency Medical Services


This Contract for Emergency Medical Service (hereinafter referred to as the “Contract”) is made entered into this _______ day of ______________, 2024, by and between the Board of Commissioners of Dearborn County, Indiana (hereinafter referred to as “Dearborn County”), and The Dillsboro Emergency Unit Inc. (hereinafter referred to as the “Life Squad”).


Witnesseth: 


Whereas Dearborn County is desirous of obtaining emergency medical services (as defined         by Indiana Code & 16-18-2-110) for the citizens of Dearborn County and


The Life Squad is a volunteer emergency medical service provider and a domestic non-profit corporation in Dillsboro, Indiana. It owns emergency medical equipment and is willing and able to assist other communities in Dearborn County with medical emergencies.


It is, Therefore, Agreed as Follows:


        1. The Life Squad shall furnish emergency medical services for Dearborn County for a period of one (1) year, from January 1, 2024, to December 31, 2024, by the deployment of its personnel and by the operation of its present emergency medical equipment and such personnel and emergency medical equipment as it may subsequently acquire.


        1. Such emergency medical services shall extend to all residents and persons of Dearborn County in need of emergency medical services.


        1. The parties understand that Dearborn County has implemented an EMS Local Income Tax. The revenue generated from the said tax is to be distributed from Dearborn County to the Life Squad as was agreed to by the Dearborn County Council on March 12, 2024, at a rate of Twenty Two Thousand Nine Hundred Fifty Eight Dollars ($ 22,958.00) per month. The distribution of the LIT money will start on July 1, 2024.


        1. The Life Squad agrees to hold Dearborn County harmless from any action or cause of action growing out of the actions of Life Squad personnel or the use of any equipment owned or operated by the Life Squad and used as a part of the services furnished under this Contract. Further, the Life Squad executes this Contract as an Independent Contractor and recognizes that the Life Squad shall hold Dearborn County harmless from all liability to any person, firm, partnership, association, or corporation which may result from the activities of said Life Squad in its duties connected with providing emergency medical services under this Contract.


        1. If either party wishes to terminate this Contract, at least sixty (60) days' written notice shall be given to the non-terminating party with an explanation of the reasons for termination of the contract. The non-terminating party has (60) days to correct the issue for the termination of the agreement, and if the corrections have been resolved, the contract remains active; if the reason is not resolved, the contract terminates within 90 days.


        1. A simple FINANCIAL REPORT or YEAR-END BALANCE SHEET for the previous year will be submitted within Thirty Days (30 Days) to the Dearborn County Administrator after the contract is approved, signed, and fully executed.  


Whereas Dearborn County and The Life Squad believes the long-term success of its Contracts with emergency medical service providers across Dearborn County requires collaboration, sharing of ideas, good communication between Dearborn County and emergency medical service providers, and unified efforts around volunteer recruitment, retention, and training.



        1. Each Life Squad receiving funds to provide emergency medical services to the citizens of Dearborn County shall participate in a collective “alliance” group of all the Life Squads serving Dearborn County and attend at least three (3) alliance meetings per year.


        1. Additionally, each Life Squad will schedule a meeting with the Dearborn County Administrator once each funding year (before approval and payment of the consideration outlined in this Contract). That meeting may include a Dearborn County commissioner, 911 director, EMA Director, and member(s) of the Life Squad Board. It will be focused on reviewing service from the prior year, the financial report the Life Squad submitted, and discussing ways to enhance the level of care and responsiveness to citizens of Dearborn County. The Life Squad is responsible for scheduling this meeting and submitting the required documents and funding requests promptly.


        1. So long as funding is made available by the Dearborn County Council, the Dearborn County Board of Commissioners agrees to partner with the Life Squads to work together on shared concerns around volunteer recruitment and retention, quality of care, response time, patient transport, etc.


        1. Funds under this Contract are not generally encumbered from one budget year to the next. Thus, Life Squads are cautioned to present the signed Contract before the final Dearborn County Board of Commissioners meeting each year to avoid possible forfeiture of funds for that contract year.


        1. Under the terms of this contract, the Life Squads agree to provide an appropriate emergency medical response and patient transport to the appropriate hospital at the complete discretion and judgment of the EMT on the run based on the patient’s condition. 


        1. Dearborn County, clearly and transparently, will pay Dillsboro Emergency Unit Inc. for their portion of the funds owed for services rendered from January 01, 2024 through March 2024 totaling Thirty-Six Thousand Five Hundred Dollars ($36,500.00) to be paid on or before July 15ST 2024.   




 

        1. Both parties acknowledge and stipulate that this Contract is the product of mutual negotiation and bargaining, and, as such, the doctrine of construction against the drafter shall have no application to this contract.


        1. The laws of the State of Indiana shall construct this Contract. Jurisdiction for any dispute between the parties shall be the Circuit or Superior Courts of Dearborn County, Indiana. Suppose any section, subsection, sentence, clause, phrase, term, provision, condition, covenant, or portion of this Contract is for any reason found to be invalid or unenforceable by any court of competent jurisdiction. In that case, the remainder of this Contract shall not be affected. Still, it shall be deemed a separate, distinct, and independent provision. Such holding shall not affect the validity of the remaining portions of this Contract, and each remaining section, subsection, sentence, clause, phrase, term, provision, condition, covenant, and portion of this Contract shall be valid and enforceable to the fullest extent permitted by law.


        1. This contract shall be binding on each party and their successors, assignees, employees, agents, heirs, contractors, and subcontractors.


        1. The individuals signing on behalf of each party hereby certify that they are duly authorized to execute this Contract.







(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)


















In Witness of which, the parties hereto have executed this Contract as of the dates noted below.



Dearborn County Life Squad


Dearborn County Board of Commissioners


Date: ___________ Date: ___________





__________________________________ _________________________________

Jim Thatcher, President Name of Squad





__________________________________       By: _________________________________

Rick Probst, Commissioner Life Squad Chair





__________________________________ Attest: _________________________________

Allen Goodman, Commissioner Life Squad Captain



Attest: _______________________________ EMS Certification Number

Connie Fromhold, Auditor


1st EMS Unit ___________


2nd EMS Unit___________



The following link gives a 10 minute video of the end of the preceding agenda item on MS4 and the conversation between commissioners, attorney, and Steve Gemmer. Video courtesy of Uncle Sam for Indiana.

 

https://youtu.be/GFG7irKA3O8?si=yjLOSN7ZbnX2is27


Tabled Dillsboro EMS Contract discussion until Attorney and Commissioners can Review. 


ADMINISTRATOR – Sue Hayden- nothing


AUDITOR – Connie Fromhold  -Claims/Payroll and June 4th Minutes

LOW Maintenance Contract- 

ATTORNEY – Andy Baudendistel


COMMISSIONER COMMENTS Probst- 4 H Fair started last night- Pork chop dinner Friday- Just support the 4Hers. Thatcher concurred and praised 4 H


LATE ARRIVAL INFORMATION- Gage Pace- One Dearborn- Stellar Pathways program is a finalist in the final 4. Letter sending to mayor of Greendale, Town Council Press of Dillsboro and Commissioners to sign to thank the state ( Lt Gov Crouch.) Commissioners signed.  


PUBLIC COMMENT- none


ADJOURN- 5:25 PM


Christine Brauer Mueller

Lawrenceburg Township

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