2 JULY 2024 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

 2 JULY 2024 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

This is a longer meeting. If you would prefer to listen and watch -  the county has the entire meeting on you tube at  https://www.youtube.com/watch?v=sXqEPWjMGUY&t=530s

If you would like to see individual pertinent excerpts visit Uncle Sam Mortenson youtube site. 

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 Publications, Tamara Taylor, The Beacon, Jared Teaney, 911, Jason Sullivan, Emergency Management, Derek Walker, Dillsboro Town Manager, and Doug Baker Dillsboro Council President. Sam Mortenson- filmed the meeting. The room was full for this meeting 

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

OLD BUSINESS:

Dillsboro  EMS 2024 Provisional Contract- Steve Gemmer presented and Velvet Witteride passed out information to Commissioner and audience.

Have been having trouble trying to communicate about a contract. Our Commissioners have been trying to do contract negotiations on the side and in the dark.

They say they have a group of people trying to tear DEMS down and build it back in their way. We cannot accept their contact because there is no money to pay anybody. Hard to have EMS service with no people to run it. We are rying to get it to 24/7. 

Have a plan for the new board. Unfortunately the commissioners don’t want to hear it. We will man them station with 2 people 24/7. We now have 6 people we are trading using our money to become EMTs with no help from the county. We have strived very hard to make this work, but unfortunately we have a commissioner who has dome everything he can to stop it. 

This meeting we decided we will expose it. We will expose what has been happening behind the scenes. Again we were told we were going to discuss the contract on July 2. But then we got a letter from the county attorney for Ricks Probst saying that they will not accept our contract. That is their choice.Not ours. If you have a business you have to be able to pay employees insurance and taxes. It’s hard to do when the county does not want to fund it. So we are looking for other options and working on that. 

Open to working with the county but we want to work in open forum.

On March 12th after the meeting Mr, Goodman made a deal with us that they would pay us month to month if we made our runs. We set it up with people. On March 17th Mr Thatcher shut off dispatch to DEMS.R+This sets wring with us. 

Mr. Probst refused to take to us unless we signed their contract.   

Went on to spell out the data regarding what went on in the timeline of events this year. 

We are nor going to sign the contract - it will destroy the DEMS. 

Game plan to build it back to be there 24/7

Did not get involved into the 3/12 meeting when I saw what was really going on. We could have used this stuff during the election- but we did not do that. It’s not a political issue. It’s about the people of Dillsboro. It’s about the West side of the county. Aurora is doing a great job- it’s teh best they can do- but it’s too  much territory for West side and Aurora and Moores Hill to cover. It’s too much territory for them to cover. There is a REASON that Dillsboro has an EMS.It’s a shame these people don’t understand the West side of the county. It’s a shame that people have been threatened because of what we are doing. We are determined to make it work. 

Plan to put it back and put it back right.

Has a packet to add to what audience sees and will send to anyone who wants to see this.We know our commissioners are not looking out for our EMS’s. None of them. 

We have a letter for contract showing a plan for EMS ( Hanifen) that we are not allowed to see it.We are not allowed to see it. ( It’s draft)

Had Coup on DEMS in November and wasted over $110,000 of our money and there is a criminal investigation going on.

Thatcher interrupts and says that has nothing to do with…

Gemmer- They will not deal with us- Why would you make a contract with those that were illegitimate but not with us. You signed the contract. They are the ones that the news reported on Friday’s news with the lady at Christmas time not getting EMS.  

Thatcher- Why did you not loan the ambulance to Aurora-to cover territory in Dillsboro.

Gemmer-trued to answer that several times. 

Thatcher wanted to cite the contract that Gemmer submitted that said they would assist the other EMSs. So why not loan the your ambulance? 

Gemmer said they won’t talk to us - the woman who runs Aurora EMS would not talk to them 

It’s hard to loan tools to people who will not talk to you.

She would not sit down and talk to us. Cannot help that.

We were going to negotiate with her to have our driver do it as we were Leary since they had blown up 2 ambulances.The old DEMS  damaged one of our ambulances that we are working on. If I asked for the keys  to your car Mr Thatcher, would you just let me use it?

I wouldn’t;t be a very good steward of our money and equipment if I just loaned it out without an agreement. The insurance company wouldn’t like that.Thats the whole story.   

Loved the interview Friday ( Ch 9 News)- the Christmas day lady complaining she couldn’t get EMS - well that was when the old board was still running things- not Harry. The people YOU installed- and had a contract with. 

Probst asked if he was done… yes - if no more questions.

Had to work to get here to pay my LIT tax….. 

Thatcher- You can’t sign our contract- we can’t sign yours. There was no time for Gemmer to respond to that.Thatcher went on about accountability. He said we gave you 2 weeks to look at it. You came in on June 18th and expected us to sign yours. 12% of calls were all the were made last year. You talk about a business - would you enter into a contract where all they delivered was about 10% box their services. That wouldn’t be good use of taxpayer dollars. We would be laughed out of this building. 

Mr Probst would you move that we reject this contract and move on to other options? Probst - so moved. Thatcher said It’s over. 

Baudendistel- typed a statement for Commissioners….

Read into record. Here is the official statement :

Board of Commissioners of the

County of Dearborn, State of Indiana

Statement Regarding the Dillsboro Emergency Ambulance Unit, Inc.

On the 19^th day of December, 2023, the Dearborn County Board of Commissioners approved a Contract for Emergency Medical Service with the Dillsboro Emergency Unit (a/k/a the “Dillsboro Emergency Ambulance Unit, Inc.” or the “DEAU”).  Shortly thereafter, it was alleged that the individual that executed the Contract on behalf of the DEAU did not have the authority to do so.  Additionally, the Commissioners were notified by Dearborn County 911 Communications that the DEAU had only responded Twelve Percent (12%) of the time they were called out during 2023 and, additionally, that the DEAU had been “Administratively Dissolved” by the Indiana Secretary of State and, therefore, was not a valid nonprofit corporation at the time the Contract was executed.  As such, the Board of Commissioners voted to terminate this contract on the 16^th day of January, 2024, with the termination effective on the 17^th day of March, 2024.  The letter informing the DEAU of this termination was mailed to the DEAU on the 17^th day of January, 2024.  The letter also indicated that the Commissioners believed the Contract to be void because of the questionable execution of the Contract by the DEAU and because of the administrative dissolution of the DEAU.

Since that time, the Commissioners have been working to resolve this situation and to bring the DEAU back into the fold as a provider of emergency medical services in Dearborn County.  In an effort to ensure that the citizens have been properly protected in the interim, the Dearborn County Council authorized, and the Commissioners approved, supplemental distributions to Aurora EMS and Moores Hill EMS to provide EMS coverage to the citizens of Dillsboro.  The attempted resolution of this matter has been spearheaded by Jim Thatcher, President of the Board of Commissioners, with the full support of Commissioners Rick Probst and Allen Goodman, and in coordination with representatives from the Dearborn County Sheriff’s Office, Dearborn County 911 Communications, Dearborn County Emergency Management, the Town of Dillsboro, and with the assistance of the Dearborn County Attorney.

On the 1^st day of June, 2024, a proposed Provisional Contract was hand-delivered to the DEAU.  This Provisional Contract would provide funding to the DEAU so long as the DEAU complied with the terms and conditions contained therein.  The Provisional Contract included terms that were unique to the DEAU.  These “special terms” were included to ensure that the DEAU would provide sufficient coverage to the citizens of Dillsboro and that issues with the management of the DEAU, some of which have been discussed by the DEAU itself, could be addressed.  The inclusion of these special terms was intended to put the DEAU in a position to be a successful EMS provider for years to come.  

As to the special terms contained in the Provisional Contract and the reason that each was included:

1. The Provisional Contract called for, beginning in September, 2024, response rate benchmarks that would need to be met by the DEAU.  The first three (3) months of the Provisional Contract contained no benchmarks, but the DEAU would be required to respond Fifty Percent (50%) of the time beginning in September and the response rate would increase by Ten Percent (10%) each month, ultimately reaching an Eighty Percent (80%) response rate in December, 2024.

1. This term was included because the response rate of the DEAU over the past three (3) years has dwindled from 30.82% in 2021 to 12.30% in 2023.  This is simply unacceptable.

1. Removing the highest percentage in 2023 (Lawrenceburg EMS at 91.11%) and the lowest (the DEAU at 12.30%), the “trimmed mean” average response rate for EMS units providing coverage in Dearborn County in 2023 was 80.58%.  Dearborn County didn’t ask the DEAU to hit this rate until the seventh month of the Provisional Contract and required no benchmarks in the first three (3) months.

1. The Provisional Contract called for the DEAU to have a financial and inventory audit conducted beginning in January 1, 2021 and continuing through the current year.  Dearborn County had suggested Blue & Co., LLC because of their experience with nonprofits to conduct the audit, but the DEAU was free to retain any reputable CPA subject to the approval of the Commissioners.

1. The audit term was included because members of the DEAU have, on multiple occasions, alleged that theft of DEAU property and/or funds has occurred.  In all actuality, the DEAU should have already engaged someone to conduct an audit because of this alleged theft, but it has not done so.  If a theft has occurred, the audit could reveal what was stolen and by whom.

1. Additionally, as a nonprofit corporation, the DEAU is required to file a Form 990 with the Internal Revenue Service.  Form 990s are searchable and, upon review, the information contained therein further solidifies that an audit of the DEAU finances and inventory should be conducted and should probably go back at least five (5) years, rather than just three (3) years.  Line 22 of the Form 990s lists the “Net Assets or Fund Balances” and the DEAU Form 990s going back to 2016 are available for review and reveal the following:

1. 2016 – Line 22 – $1,363,126

1. 2017 – No Form 990 available

1. 2018 – Line 22 – $1,336,013

1. 2019 – Line 22 – $1,227,042

1. 2020 – No Form 990 available

1. 2021 – Line 22 – $142,350

1. The DEAU Form 990s show that the DEAU’s “Net Assets or Fund Balances” have decreased by $1,084,692 between the filing of the 2019 Form 990 and the 2021 Form 990.  There may be a perfectly rational explanation for this; however, such a drastic reduction further exemplifies the importance of a financial and inventory audit.

1. Moreover, while the DEAU was floundering with response rates of 30.82% in 2021, 20.79% in 2022, and 12.30% in 2023, Dearborn County was providing the DEAU with over $60,000 in public funds each of those years.  What were these funds being used for if the DEAU wasn’t carrying out its stated purposes of being a “Life Squad serving the Town of Dillsboro and surrounding areas”?  The DEAU must answer for these public funds through the audit called for in the Provisional Contract if the DEAU hopes to contract with Dearborn County again.

1. The Provisional Contract would require the DEAU to amend its corporate By-Laws to add one (1) Board member to both Dearborn County and the Town of Dillsboro.  These Board members could have been a member of the Board of Commissioners and the Town Council, or they could have been citizens appointed by the Board of Commissioners and the Town Council.  The By-Laws would also be amended to require that the DEAU “membership” would include any governmental entity that provides financial assistance to the DEAU.

1. This term was requested because of the upheaval that has befallen the DEAU over the past several months.  Having representatives from Dearborn County and the Town of Dillsboro on the DEAU Board and as part of the DEAU membership would provide valuable information, guidance, recommendations, and advice to the DEAU as it works to become an EMS provider that provides exceptional service to the citizens of Dillsboro.

1. Elected officials or their appointments are routinely called upon to assist nonprofit corporations with the boards of the Convention, Visitors, and Tourism Commission and Community Mental Health Center being just two examples that have elected officials serving on their boards.

1. Finally, the Provisional Contract would not permit the DEAU to take any “convalescent runs” as taking such “for profit” runs could jeopardize the nonprofit status of the DEAU.

The Commissioners requested a response to this Provisional Contract by no 

later than June 14, 2024 so that they may consider it at the Board of Commissioners meeting on June 18^th.  On June 14^th, the DEAU notified the Dearborn County Administrator that they would be in attendance at the June 18^th Commissioners meeting.  At this meeting, the DEAU did not respond to the Provisional Contract that had been provided, but instead, submitted their own proposed contract to the Commissioners and wanted to negotiate their contract during this public meeting even though this contract had just been given to the Commissioners and the County Attorney.  Even though the DEAU had effectively ignored the proposed Provisional Contract, on the 21^st day of June, 2024, Commissioner Probst personally delivered a letter from the County Attorney and an updated Provisional Contract to the Dillsboro Post Office to be placed in the DEAU’s post office box.  Commissioner Probst requested that the DEAU execute the Provisional Contract by no later than Noon on June 28^th.  By letter dated June 26^th, the DEAU once again rejected the Provisional Contract.  

Upon review, the contract provided to the Commissioners by the DEAU looks to be the same contract that Dearborn County utilizes for other EMS providers.  The monthly dollar amount contained in the proposed DEAU contract ($22,958) is more than has even been allocated by the Dearborn County Council ($14,600 per month).  The proposed DEAU contract does not contain any response rate benchmarks; nor does it contain any commitment to a financial and inventory audit.  In short, the special terms that had been contained in the Provisional Contract proposed by Dearborn County that were meant to address concerns about response rate, the allegations of theft, and the substantial decrease in the DEAU’s net assets are wholly ignored in the contract proposed by the DEAU.

The DEAU has not responded to the Provisional Contract as requested.  Rather, the DEAU provided their own contract that would maintain the status quo and ignore the issues that they are facing.  The proposed contract from the DEAU does nothing but confirm that they are content with the service they were providing previously and that they believe they are entitled to funding from Dearborn County in exchange for an abysmal response rate.  The citizens of Dillsboro deserve better.

Dearborn County and the Town of Dillsboro, alternatively, are interested in bettering the service that is provided to the citizens of Dillsboro.  Dearborn County and the Town of Dillsboro provided a Provisional Contract to the DEAU that would require the DEAU to provide adequate service and would hold the DEAU accountable if it failed to do so.  The DEAU has flatly rejected the Provisional Contract without even asking to negotiate the special terms that were contained therein.  Rather, the DEAU doesn’t want any special terms.  The DEAU doesn’t want to be held accountable.  The DEAU just wants what the DEAU believes it is entitled to.

The elected officials of Dearborn County and the Town of Dillsboro are charged with public safety and being good stewards of the public trust and public funds.  To agree to the proposed contract from the DEAU would be a violation of these duties.  To agree to a contract that does nothing to address a Twelve Percent (12%) response rate would endanger public safety, would be a gross violation of the public trust, and it would be a frivolous expenditure of public funds.  As such, the Dearborn County Board of Commissioners cannot agree to the contract that was provided by the DEAU and the DEAU seems unwilling to consider the proposed Provisional Contract that Dearborn County prepared.  Therefore, there will be no contractual relationship between Dearborn County and the DEAU.

Dearborn County will continue providing supplemental funding to Aurora EMS and Moores Hill EMS because of the exemplary coverage that they are providing to the Town of Dillsboro.  Dearborn County is indebted to these units for stepping up when called upon.  The Commissioners will continue to work with the Dillsboro Town Council to come up with a more permanent solution.  The first step in this solution will be the entry into a Contract for Emergency Medical Responder Service with the Dillsboro Volunteer Fire Department Inc. so that, when a medical emergency arises, medical assistance can be provided as quickly as possible.  The Emergency Medical Responder with the DVFD has been providing necessary medical care throughout the year to individuals that are awaiting transport to the hospital by either Aurora EMS or Moores Hill EMS, and the DVFD should be compensated for the service that they are providing.

For the foregoing reasons, the Dearborn County Board of Commissioners cannot commit to a contract with the DEAU at this time as the DEAU is unwilling to commit to terms that would require response rate benchmarks and that would hold the DEAU accountable to the citizens of Dillsboro and Dearborn County as a whole.  The Commissioners are thankful to the support provided by the Dillsboro Town Council and the assistance that has been provided by County and Town officials and employees throughout this process.

Read and approved at the regularly scheduled meeting of the Dearborn County Board of Commissioners on the 2^nd day of July, 2024.

DEARBORN COUNTY, INDIANA

BOARD OF COMMISSIONERS

__________________________ _________________________

Jim Thatcher, President Rick Probst, Member

__________________________

Allen Goodman, Member

ATTEST:

__________________________

Connie Fromhold, Auditor

Dearborn County, Indiana

Commissioners Approved Baudendistel’s statement

Thatcher- Mr Doug Baker’s - President of Dillsboro Town Council would like to make statement 

Doug Baker- Before I read teh statement- Meant for Harry Witteride- but he’s not here- so I will give the comments to the people who are here.  Truly believe you people had the best of intentions when you signed to be EMS volunteers. Believe you had the best of intentions when you decided to become the leader of the Dillsboro EMS. But somewhere along the way the ship went south. It’s still going South and it’s going fast. Working with Community and County leaders since March 14th, 2024. To give you and your staff the ability to solve the crisis. But you chose to be influenced by others. In my opinion, others have made this a political issue and that’s sad. It’s time you and your staff and influencers step aside. Step aside  stop making misleading and inaccurate comments on social media.Stop putting fear and anxiety into teh lives of Dillsboro’s residents. And stop embarrassing yourselves. 

Now I’m going to read a statement from the Dillsboro town council that was approved

5 members of council. You Dillsboro EMS have failed us.When residents dial 911 for EMS services they hope and expect someone to show up quickly. That has not been the case for the past and current squad membership. You not only put Dillsboro residents at risk but also they residents of Aurora and Moores Hill. It’s probably too late but it’s time to sign the provisional contract that the county has provided. The contract that the Dillsboror Town Council supports 100%. Relinquish your duties along with turning over all assets to the Dillsboro Fire dept. This will allow all to move forward to restore services to Dillsboro. If an employee showed up 12% of the time. Would you employ him?

Thatcher- All other people wanting to comment can do so during public comment.at teh end of the meeting 

Proposed Zoning Text Amendments and Ordinance to Amend Zoning Ordinance - Nicole Daily- 950 sq ft fro single family units, and 750 sq ft for 2 family units. They deleted some conditional uses as we now have separate zones for these as R2 and R3. Most of these are to take out the old standards in the R district and put them into the R2 and R3 ordinances. Commissioners approved the ordinance amendment.

 TABLE UNTIL JULY 18th MEETING: Commissioners - Approved to table both below.

Proposed Zone Map Amendment for B-1 Local Business to R3 high density residential for Bright 1 acre property - 12 Townhouses 

Discussion of Stateline Road property - Demolition bid packages

NEW BUSINESS:

Signature Blocks for Bridge Plans- Todd Listerman, County Engineer:

Bridge #87 Johnson Fork Rd

Bridge #64 Sneakville Rd

Commissioners approved both and signed. 

Listerman said Community Crossing Grant has opened for 2025. Max is now up to $1.5 million from $1 million. We have gotten what we have asked for past 5 years. 

SR 350 closures are between the 2 ends of old 350. Then to Sparta Pike area. There another one in Ripley County too. 

SR 1 - still working on tie backs and still on schedule for Thanksgiving completion. 

ATTORNEY – Andy Baudendistel- OHM Contract for MS4 GLAD  Consulting (GLAD = Greendale, Lawrenceburg, Aurora and Dearborn County)  - Andy Baudendistel- Log approved it as well as the others. This increases it to NTE amount of $50,000. Approved and signed. 

ADMINISTRATOR – Sue Hayden- 2025 OKI agreement- same amount as last year $16,901. Costs about 20 cents per person per Probst. Approved and signed 

AUDITOR – Connie Fromhold  Covered Bridge Certification $1,850 is the amount the county receives. Approved certification. 

-Claims/Payroll and June 18th Minutes- Approved.

LATE ARRIVAL INFORMATION- none

PUBLIC COMMENT- Sandy Schnebelt- as you can see- I have no packet in my hand. he was a concerned citizen of Dillsboro- currently live in parents home. Retired military - got paid to read body language. Dillsboro- we don’t have a life squad. Agrees that Aurora and Moores Hill try to help out- He doesn’t play politics- I am not a political person. Leader in military and Reading Body language noted that when Mr Gemmer was up here  the commissioner board really didn’t care what he had to say just by their reactions. Wherever the vendetta I here- the bottom line is we need coverage. Mr Baker- I don’t know you from anyone else- but what I got out of you was you don’t want to help EMS succeed but you are willing to give the money to the Fire dept and have them take over.  That’s just not right. As you can tell I am an emotional person. I don’t have a dog in the fight here. But I will volunteer to be a driver for the EMS. I git paid to volunteer in in military and also for sports in Virginia. We got to work together. I know a lot of people in this room - and grew up with them. People probably know my parents. Bottom line is what can we do to get MS up and running in Dillsboro. Looking at social media I ran some of the numbers. I know the commissioners are trying to help but it looks like we are setting them up for failure. Talked to EMS people. $14,000 - $50/run maybe 4 runs a day. And a driver. That’s $11,000 and leaves $3000 for fuel and maintenance. Too old to get EMT license, and I don’t like blood- but I will drive for them. I will step up if they need aboard member for outside eyes looking in. What can we do to make it work. Take the politics out. If we are willing to give teh money to Aurora or Moores Hill- make it work for Dillsboro. Two weeks ago, had a big baseball tournament- what if ne of those kids were injured- howling would it take them to get there from Aurora or Moores Hill. I don’t know who is on the DEMS- but I see a lot of you here at Janet’s Diner. That’s all I ask. Work together as a community. Work together to resolve the conflict. If you were reading the body language today, as we’re sitting here , if I was a betting man Mr Gemmer and Mr Thatcher would end up in a fist fight. Just by seeing  body language. It’s not about that. Keep the personal out of it to get it worked out, Dillsboro needs qualified EMTs 0 then work to find ways tossed them to school. Sure some have volunteered to go to school.No one wants to volunteer when this atmosphere exists and issues. The residents of Dillsboro and the surrounding areas are the ones getting hurt. Regardless of how works there is money, and we give it to every other group - why not fix EMS. 

You got to pay them $20/hr…. 

Andy Baudendistel- $175,200 per year. That’s being split between Moores Hill and Aurora. 

Thatcher- At this point I will concede any kind of fist fight to Mr Gemmer. <Laughter>

Reminder if one of those kids got hurt at that field- that’s not a good thing- Fix it. 

Randy Jackson- DEMS for 25 years. Cast for 17 years. Shameful- I don’t like to say what I was part of now. Volunteers used to be counted on. All boils down to money. Money needs to come from the Council and we need help from the town. According to by laws and constitution DEMS no longer in existence. The ones I have at my house. You have members on the board who don’t even live in Dillsboro. One is 76 years old- with medical issues- plus a grandma and grandpa and Harry and his wife - they don’t live in Dillsboro. A lot of pencil whupping has happened on some papers that makes people  think things are not being done the right way. Also you don’t give to the Fire dept. the money goes to the Community of Dillsboro EMS. Do you know how much they have.

$881,159 is in DEMS. Because I was called back because Tracy McIntosh had embezzled. (It’s on teh record)

Ended up with $750,000 Cashed in US stock at $34/share to pay building off. They had almost lost the building. 5 year Balloon payment had come due. Spent 2 years trying to pay money to make it back again. Friction between Aurora and Dillsboro. I love you people from Aurora but there is friction with some. Always back up the other EMS units.We had professionalism. Wants to see paperwork and how many EMTs do you have?  Feels that the current board is not allowed by old laws. Used to be a firefighter. Kicked off FD because he went on an EMS run and didn’t suit up. Won’t be an EMT again. Traumatizing. EMS never had the support like what the town gives to the FD. EMS is about people and Fire Dept about things. People are important. If a car caught on fire- you might lose a car. If your kids were in the burning car- you’ve lost a life. EMS is important.Life is irreplaceable. I would be more than glad to help out. Turn paperwork in and get money from insurance company. (For the vandalism) 

COMMISSIONER COMMENTS- Probst- July 4- Encourage to celebrate independence andbe safe with fireworks - it’s dry out there.

Thatcher- clarify - the county contract for EMS report amount of EMS study is $47,500. Had $40,000 in a planning grant for this. Can’t put out report as it’s in draft form.If it’s in draft form then it wouldn’t be fair to put that out and have things change. [NOTE: But it is fair to begin rearranging EMTs while it’s still a draft that no one can see???What exactly is this report for?] 

ADJOURN- 10:10 AM

Christine Brauer Mueller

Lawrenceburg Township