Tuesday, January 25, 2005
Two Favorables and One Denial- 24 January 2005 Plan Commission Meeting Notes
Present: Mark Mitter, Chairman, Rick Pope, Vice Chairman, Jeff Hughes (new commissioner rep), Patrick de Maynadier, Nick Held, Tarry Feiss, Jane Ohlmansiek (appointed in 2004 to replace Dave Schmidtgoesling who retired), Dennis Kraus, Jr. (new surveyor rep), and Mike Hall. Arnie McGill, Att’y also present, as was Travis Miller, Planning Director and Sec’y to the Plan Commission, and Mark McCormack, Enforcement Officer.
Election of Officers kept the same three in place (Mitter, Pope and Travis Miller) and also reappointed Arnie McGill as att’y.
Rick Pope was reappointed by the PC to the BZA as the citizen rep from the Plan Commission.
NOTE: At 10:30 the last three items on the agenda were rescheduled to a second meeting on January 31st. This meeting lasted 4.75 hours.
1. County Gets Road Extension Paid For and Constructed by Maxwell Development.
7:10 PM Chappelow Ridge Subdivision: Zone change from A to R for single family development on 182 acres between Barber Road and Chappelow Ridge in Logan Township. Owner is Louis Kremer with Maxwell Development as applicant.
Randy and John Maxwell presented the development plans. They are note rezoning the section in the flood plain. The two cul-de-sac streets in this development got the required variance due to the roadway design including extra places for turnarounds and also several loops and breaks in the longest stretches. This plan proposes to be a medium density subdivision of .68 units per acre. St. Leon sewer is proposed to be connected at the site. No homes will be built on the steep slopes. Detention ponds etc. will be constructed to minimize runoff issues. John Maxwell stated that 3 borings were done on the worst section of the proposed roadway to see if it was feasible. They would do further expensive and extensive borings if the plan is approved. This plan for them REQUIRES the extension of Chapelow Ridge. 12% slope is the max allowed for a local street. Parts of this road are on a 20% slope. They plan to run the roadway along the hill and include extensive excavation to achieve the proper safe alignment.
Helen Kremer and Dan Sexton spoke in opposition regarding their rural community character, narrowness of Barber Rd, steep slopes, and the natural beauty of the area above the Whitewater River. Higher taxes and increased traffic were concerns, school crowding, and the safety of Chapelow ridge now that it will become a through street.
Patrick de Maynadier motioned for a FAVORABLE recommendation to the commissioners conditioned upon: 1. adequate sewer capacity with St. Leon, 2. a feasible roadway design, 3. a commitment to connect Chapelow Ridge to Barber Rd. prior to 2ndary plat approval, and 4. a favorable recommendation for the variance on cul-de-sac lengths based on the interior design mitigations. Rick Pope 2nd. All ayes.
2. Countryside Condos on the Fringe of Suburban Development.
8 PM Pleasant Woods Condominiums – Zone change from Ag to R on 31 acres for 103 condos on Mt. Pleasant Rd. in Logan Township across fro The Farm Golf Course. Bayer Becker was applicant with Rohe Development. Nicole Daily and Mark Rosenberger presented for Bayer Becker citing proximity to suburban development and the golf course amenity. They will facilitate the upgrade of Mt. Pleasant along the property line and include turn lanes. The interior design of the road had issues that they will address to the required turning radii etc. A walking trail is included. Development is phased.
Jennifer Graf, Tom Volpenheim (sp?), and Thom Hammond spoke in opposition. Major concerns were the roadway issues with Whites Hill that is an access route to this area. Details of the Commissioner Karen Shell concerns from 2 years ago were brought up. They are also concerned with density in a low to medium density area with some Ag uses.
Design compatibility with the density of the area was a major sticking point.
Several motions were made. Final one was: Patrick de Maynadier motioned for a FAVORABLE recommendation provided the 1. maximum density it 3.32 units per acre, 2. a 100 ft. buffer is created along Mt. Pleasant, 3. they obtain adequate sewer from St. Leon, and 4. they address all tech review comments on the roadways. Mike Hall 2nd. All ayes.
5 minute break at 9:30 PM
3. Plan Commission Denial Essentially “Corrects” Illegal Commissioner Zoning Agreement from 2003.
9:40 PM Meadow Walk Subdivision. Primary approval for a 73-lot subdivision on 62.9 acres on Whites Hill Road in Logan Township. Bayer Becker and Richard Schmidt Development presenting for owners Steven and Mary Kahles.
Nicole Daily and Mark Rosenberger presented as well as Richard and Brian Schmidt.
Proposal includes 2144.51 ft cul-de-sac serving 38 lots. There were no mitigating design elements such as loops etc. Sidewalks were eliminated, as were curb and gutter. They were willing to widen streets for walking. They felt sidewalks would lead to nowhere. [NOTE: If this is the case, then the development is isolated and perhaps out of character.]
Debbie Klump, Jennifer Graf, Karen Dubbs, Patty Simpson, Bert Smith, Dave Teuschler, Jim Price and son, Thom Hammond, and Larry Smith [NOTE: Smith is a developer who adjoins and reportedly wishes to buy this land] all spoke in opposition to the plan. They cited drainage issues and hammered the roadway concerns heavily. The county had an original proposal to fix White’s Hill AT TAXPAYER EXPENSE that was subsequently cut back to a cheaper alternative. The road is not finished and has slippage issues that are currently being addressed.
There is an agreement signed by Richard Schmidt with the county commissioners that if White’s Hill is not completed and the development not started in two years, the zone change reverts to Ag. [NOTE: Per Arnie McGill the commissioners are not legally able to do this- only the plan commission can.]
Discussion boiled down to: Does this plan fit the subdivision control ordinance?
Patrick de Maynadier motioned to DENY the application for failure to comply with the sidewalk and cul-de-sac rules and the safety issues of White’s Hill Rd. Nick Held 2nd. All Ayes to DENY.
11:30 PM A second meeting will be held at 7 PM Jan 31st to address the tabled final three items.
Administrative:
Per Travis, Rick Fox asked him to give a Planning recommendation regarding the VRUC NPDES application for HVL sewer plant. Plan Commission approved Travis’s cover letter and analysis for the commissioners.
Feb 16th is the next working meeting at 7PM to discuss cul-de-sac and roadway design issues within the ordinance.
Retracing surveys may no longer need to pay the $40 to be certified. Travis will discuss with Barb Kaffenberger in the Recorder’s Office.
Meeting adjourned at 11:45 PM
Christine Brauer Mueller
Lawrenceburg Township
Thursday, January 20, 2005
Frank Discussions at the First Meeting of Sewer Districts
19 January 2005
Dearborn County Plan Commission Working Session on Sewers was called to improve communication with utility providers and gain a better understanding of current infrastructure capacities and limitations. The Plan Commission and staff hoped to identify methods to better coordinate planning efforts as well. Travis Miller served as Coordinator
Approximately 40 people attended- including Plan Commission members, Master Plan advisory board members, citizens, and representatives from all the public sewer treatment districts in the county. Mel Davis (Lawrenceburg), Steve Lampert (Greendale), Randy Turner (Aurora), represented SDRSD. Dillsboro, St. Leon, Moores Hill were also present. HVL was represented as a private utility. LMH was not present. Several members of the new Dearborn County Sewer Board were also present. (Mike Hankins, Brett Fehrman, Rodney Dennerline, and Greg Volmer) Doug Baer and John Grace from the Health Dept. were present.
Sammy Gutzwiller of HVL (VRUC) noted their actual sewer coverage area extended into Rock Mountain Estates on Georgetown Rd.Mel Davis reported that Lawrenceburg desires centralized sewers and have set aside dollars and impact fees for that purpose. They are looking to expand to SR148 and possibly beyond towards Manchester.
The County Sewer Board was in agreement that a regional centralized sewer was better than a hodge-podge of package plants. The County Sewer Board was concerned with what the Plan Commission would do if a package plant were proposed in an area not likely to be served by sewers. It should be noted that though Indiana law allows these package plants, they are not the preferred route and that the county master plan clearly states that development should proceed from where the EXISTING infrastructure exists and outward from that area.
Dan Batta asked who would coordinate this to make this happen.
Greg Volmer stated that he personally thought the largest provider in the county- SDRSD- should be contracted to do the management for the county sewers.
Mel Davis said SDRSD has the ability to act as bonder for these projects and has a $3300 impact fee for homeowners and a testing fee for developers.
Rodney Dennerline said that the COST of the package treatment plants versus running a line to SDRSD would strongly influence providers to regionalize rather than do the package plants.
Pumps and pressurized systems versus gravity systems were discussed and maintenance issues. Most districts currently have the homeowners owning the pumps and contract with the district to service them.
Regionalization is best- IDEM only wants to inspect so many plants, therefore it’s wise to consolidate.
At this point the discussion shifted to VRUC (HVL) and their attempts to get IDEM approval for their own sewage treatment plant. They were refused by the Bond Bank for funding. (They are not a public entity.) She stated that it required unanimous approval by L-bg, G-dale, Aurora, and Seagrams for anyone to join SDRSD. They were missing one vote. Later it was determined that they did get that final vote but backed down for other “reasons.”
It seemed clear in this discussion that the factors holding up HVL acceptance into SDRSD are psychological rather than political.
SDRSD needs about $2.5 million for an entity to buy in and recoup their initial investments minus depreciation costs. This number is FAR cheaper than building and maintaining another treatment plant. The environmental concerns from the continued and sporadic dumping of effluent by HVL into our waterways would seem to demonstrate the urgency to settle this matter. (Pictures of this have circulated in several offices in the county.) Lastly, it would seem that HVL (on a larger scale) is very similar to the issues surrounding High Ridge Estates. Both are in the county. The County Sewer Board needs to consider paying to join SDRSD and drawing another part of their district around HVL. The bond bank would loan to the county- as the bank is getting more funds this year and the county IS a public entity. The County does the right thing, because their area is expanding to accurately serve the most developed portion of their jurisdiction. HVL wins because they are now served in a more cost effective manner in the long run.
The question is WHO will help lead the effort?
The commissioners need to send their letter regarding VRUC showing this as a solution. The Sewer Board needs to contact IDEM and state that they are willing to take over. And both commissioners and sewer board members need to approach the Bond Bank for funding.
As several stated at this meeting at the end, the environmental concerns are paramount. They also were strongly in favor of the master plan statements regarding development from infrastructure outward. They felt they could accommodate the county development- both residential and commercial/industrial in a cost effective manner as we follow the principles of pacing and placing development with infrastructure in mind.
All seemed willing to meet again, which was a welcome sign. In light of the master plan discussions, this meeting showed that the first step toward county –wide collaboration of utility providers is possible. It also showed that what the advisory board wanted was also what the utility providers seem to want – cooperation and regionalization of utilities.
Christine Brauer Mueller
Lawrenceburg Township
Wednesday, January 19, 2005
State School Facility Guidelines and One School's Lack of Compliance
South Dearborn School Community School Corporation’s Building Project
Problems with compliance to
Indiana State Board of Education
School Facility Guidelines
Adopted January 10, 2002)
1. Section 2. General Principles
(6) equal opportunity for all public school children;
South Dearborn’s project violates this principal because all South Dearborn public elementary school children will not have “equal opportunity.” Aurora Elementary will serve 650+ students, while the other three corporation elementary schools serve around 300 students.
2. Section 2. General Principles
(b) Local boards of education should study the issue of school size in relationship to educational opportunity and operational cost per pupil.
This did not happen. The research shows schools of 300-400 serve children best. This research was ignored. There are also no administrative cost savings with this project. The school will have two principals. The only real cost per pupil savings South Dearborn may experience will be in custodial, maintenance services, and utilities.
Additionally, research regarding appropriate grade configurations for middle level students was ignored.
3. Section 3. Guidelines for Feasibility and Impact Study
(1) demographics;
The current elementary school is Center Township, the most populous township in the district. The new elementary will be in Hogan township, one of the smallest township. Center Township is among the poorest in the county. Many residents lack automobiles. Moving the school further complicates transportation issues. SD does not provide two way kindergarten transportation. Currently, at least one guardian picks their child up from school in a taxi-cab.
In 2003-2004, the free lunch rate was 28 percent. Low income students are at the most risk in a large school.
4. Section 3. Guidelines for Feasibility and Impact Study
(3) projected student and community growth;
This projection was derived from live births at Dearborn County Hospital. This is a community of the Cincinnati Metropolitan Area, therefore many children are born out of the county. They projected a decrease in enrollment. Enrollment has increased in each of the past two years.
Since the administration and board approved this project, a sewer district has been formed in the attendance area and development is expected. Additionally, primary approval was given for a 200 unit subdivision within the attendance area.
Five percent elementary population growth will put the project beyond capacity.
5. Section 3. Guidelines for Feasibility and Impact Study
(5) projected construction cost and, if applicable a comparison of the cost of new construction with the cost of remodeling or renovating a school listed on the national register or state register or determined by DHPA eligible for either register;
The main objective of this project seems to be bringing Aurora children PK-3 and grades 4-6 into the same building. Currently students grades 4-6 share the middle school with the rest of the corporations 7th and 8th grade students.
The administration presented three options to a citizen committee-
First-a major addition and remodel of Aurora Elementary. The plan included tearing the gymnasium down and building a new section of the building that included a cafeteria and gymnasium. It also included tearing down housing surrounding the school building. The school would have remained a PK-3 building.
Second-building a new PK-6 building on the current secondary campus and moving grade nine to the middle school.
Third-building a new 7-8 Junior High and converting current SDMS to Aurora Elementary School.
The third option was chosen.
The administration failed to explore the option of moving all corporation sixth grade students to SDMS and building a second elementary school for Aurora’s Children grades PK-5.
Minor renovations at AES would be necessary-paint and carpet. The roof also needs to be replaced.
Using figures supplied by the architect, I have determined this option can save South Dearborn up to 4 Million dollars in construction costs.
6. Section 3. Guidelines for Feasibility and Impact Study
(6) current and future education program accreditation requirements.
The building will not provide adequate space for 5 extended day kindergarten classes. There are currently 2 kindergarten classrooms planned.
7. Section 4. Guidelines for Conventional School Facilities.
(b) New facilities should be designed in a manner that reduces air and noise pollution to minimum levels.
Dearborn County does not meet clean air standards. The current traffic patterns associated with the SD Secondary Campus create long lines of traffic. It can take 20 minutes to travel the 2+miles from SDMS to US 50. Standing traffic creates more pollution. Additionally, the new location of AES is further from some students. It increases dependence on bus service and vehicular travel. It will be impossible for any student to walk to AES. Currently, there are over 100 homes within walking distance of Aurora Elementary School.
8. Section 4. Guidelines for Conventional School Facilities.
(q) Vehicular patterns should be given careful consideration in the architectural planning of ingress and egress of student facilities.
New vehicular patterns are confusing and will be dangerous on foggy mornings.
State Road 350 is not a safe location for another school.
On Friday, November 19,2004, around 3:00 pm a seven car pile up occurred involving several students. I saw the aftermath of the accident. There were still seven cars on the road. It is possible more were involved.
Once South Dearborn moves Aurora Elementary to the secondary campus, 400 more individuals will occupy this campus. State Road 350 currently does not handle school traffic well. Is there any wisdom in adding more traffic to this mess?
Please note: this accident did not make the local newspaper. It occurred before bids were awarded and bonds were issued. Is there a connection to lack of news coverage and bid awards...bond issues?
INDOT has no plans for road improvements in that area of 350. Additionally, the bridge over Hogan creek is a bottleneck and flooded in 1997. Currently, Hogan Creek is looking like Hogan Lake. The bridge is likely to flood again.
9. Section 6. Guidelines for Pre-school and Kindergarten Facilities.
(b) Pre-school rooms should have a direct exit to the outside.
Currently, none of the classrooms at SDMS have direct exits to the outside.
10. Section 7. Guidelines for Elementary Facilities
(c) Each general classroom in a school containing any combination of grades 1-6 should contain a minimum of 900 square feet, exclusive of auxiliary space.
The rooms Aurora students grades 1-3 will be moving into are 770 square feet. Classrooms in the old school are 826 square feet.
11. Section 7. Guidelines for Elementary Facilities
(e)...Consideration should be given to minimal seating capacity for extra-curricular and adult activities.
There is no room in the building large enough to accommodate Aurora Elementary Schools PK-3 Holiday Program.
12. Section 8. Guidelines for Middle/Junior High Facilities.
(a) The minimum site size for a new middle school/junior high school should be fifteen (15) acres, plus one additional acre for each one hundred (100) students, or major fraction thereof, enrolled beyond four hundred fifty (450) students.
South Dearborn Junior High is being designed for 550 students. The site should be 16 acres. The chosen site is the current parking lot between SDMS and SDHS. There will be NO green space around this building. It is all parking lot and hillside.
13. Section 8. Guidelines for Middle/Junior High Facilities.
(e) Each school should have adequate indoor and outdoor physical education facilities.
To access outdoor physical education facilities, students must cross parking lots. The school will have one gymnasium. There are currently 8 seventh and eighth grade basketball teams and a wrestling team. This makes scheduling of one gymnasium almost impossible. Additionally, the school lacks gymnastics and there is an inequality in athletic programs for girls and boys.
Additional related concerns
14. Section 4. Guidelines for Conventional School Facilities.
(a) The site size for a school with a combination of elementary and middle/junior high and high school grades, or elementary, middle/junior high and high school grades is the combined total of the minimum site size for each of the grade levels involved.
South Dearborn’s project should require at least 54 acres. The secondary campus is large, but actual available acreage should be investigated. Much of the acreage is heavily wooded and some of it is steep hillside.
This campus also includes a maintenance garage and an administration building. Buses are also stored (parked) on this campus.
Ideas to Help Improve Taxpayer Investment in Education Building Projects - A letter to Gov. Daniels
The administration had previously presented this plan to the faculty and staff of Aurora Elementary School. The staff had major problems with this plan. One teacher sent home a copy of the enclosed question sheet in my daughter’s book bag. A middle school teacher also had concerns with the plan and spoke with me about it. At least one of these teachers was told not to speak against this project. Middle School teachers were asked to speak in favor of the project at the 1028 hearing. (My objection to the project is that Aurora Elementary School will be twice the size of other corporation elementary schools and too large to meet the social emotional needs of Aurora’s students. The school will serve 650 to 700 students.)
I wrote an editorial and also testified against the project at the 1028 hearing. I did more research on the project and continued to lobby against it. I also ran for school board and paid for an anti-building project radio ad. I also wrote and spoke against the project.
Additionally, I contacted the Department of Education and the Department of Local Government Finance asking what legal means I had to stop the project. They failed to tell me about the remonstrance process. See enclosed email message. I did testify against the project and presented a petition against the project at the tax board hearing in July. Please see enclosed petition. The project was approved by the DLGF.
After being a regular volunteer in the music programs at SDMS for four years, Tom Book, South Dearborn’s Superintendent banned me from volunteer service at SDMS. He told me, “We’re in the middle of this building project. You’re against it. I think it would be best if you weren’t in the building.”
I took this violation of my free speech and freedom of the press to our local school board, my federal legislators, my state legislators, the DOE, the DLGF, the US DOE, and the ICLU. The only real help I received was from the ICLU. They determined I have a First Amendment Case, but they can’t help me. Enclosed you will find a copy of that letter.
I have a few suggestions to improve the process by which school-building projects are approved, save taxpayer money, and generally improve the quality of education in Indiana schools.
1. Expand the function of the INDIANA CIVIL RIGHTS COMMISSION to include enforcing the rights of parents, teachers, students and other community members to the rights guaranteed in the Indiana Bill of Rights. Section 9. Freedom of thought and speech Section 9. “No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible.” And The Constitution of the United States, Amendment 1-Religion, speech, assembly, and politics.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Currently these problems can be addressed in the courts, but shouldn’t the executive branch of state government enforce the constitution. The fact is, the courts are not easily accessible to many citizens.
2. Just as school corporations are required to fully involve a committee of teachers and parents in the adoption of textbooks, this should also happen with facility decisions. In Dearborn County, an architect firm, Schmitt and Associates, is making far too many facility decisions. In the case of Aurora Elementary, teachers were presented the project and had no say in the initial decision. Their input into the project is minimal.
3. Require by law the approval of local school building projects by County Planning and Zoning Officials. This should assure building plans fit the anticipated needs of the community.
4. Make Section 12 of the Indiana State Board of Education School Facility Guidelines (found at http://ideanet.doe.state.in.us/stateboard/constguide.html) a requirement by law and give the Indiana State Board of Education the authority and responsibility to approve or deny local school building plans, before the project is presented to the DLGF for tax approval.
5. Indiana’s constitution attempts to protect tax payers with the following: Section 1. Debt limitation
Section 1. No political or municipal corporation in this State shall ever become indebted, in any manner or for any purpose, to an amount, in the aggregate, exceeding two per centum on the value of the taxable property within such corporation, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness; and all bonds or obligations, in excess of such amount, given by such corporations, shall be void: Provided, That in time of war, foreign invasion, or other great public calamity, on petition of a majority of the property owners in number and value, within the limits of such corporation, the public authorities in their discretion, may incur obligation necessary for the public protection and defense to such amount as may be requested in such petition. (South Dearborn’s Debt far exceeds this limitation.)
This section of the constitution has been circumvented with the lease rental agreement...but any obligation requiring an increase in the debt service tax rate is really a debt.
If the state wishes to keep the lease rental loophole, please find a way to protect the tax payer. If the project will bring debt to more than 5% of assessed valuation require the project come before the voters for their approval.
In the case where the debt is less than 5% of valuation, require administration to inform the public of their right to file a remonstrance at the 1028 hearing.
6. When school corporations engage in major building projects, require them by law to provide enough general elementary classrooms to keep class student size at or below 15 without teaching assistants and at or below 20 with teaching assistants.
7. When school corporations engage in major elementary building projects, require them by law to equalize the size of corporation elementary schools and bring them under 400 students. The preferable grade configuration of these schools should be PK or K - grade 4 or 5.
8. When school corporations engage in major middle grade construction these schools should serve at least three grades. The preferable grade configuration of these schools is 5-8 or 6-8. These schools should not exceed 800 students...300-400 students is preferable.
I do not know if anyone can do anything to require South Dearborn to adopt a better building project, but I hope you might. Also enclosed you will find a list of problems with the project.
Thank you for your time and consideration.
Sincerely,
Karen Loveland
CC: House Education Committee
Senate Education Committee
Indiana State Board of Education
Indiana Civil Rights Commission
Governor Mitch Daniels
Tuesday, January 18, 2005
18 January 2005 Dearborn County Commissioner Meeting Notes
Present: Vera Benning, President, Rick Fox, and Jeff Hughes. Also present: Cary Pickens, Auditor and Bob Ewbank, Attorney.
This meeting was videotaped, as was the last one.
Several people, including officials and the newspaper reporter, thought the meeting was at 7:30 PM as in the original newspaper notification and not 6:30.
Old Business:
[NOTE: Under Old Business several items were discussed that were not listed on the agenda. Only “Minutes” was listed on the agenda under Old Business.]
1. Whites Hill Project has issues with O’Mara and St. Leon Sewer Board. Bob Ewbank has exchanged information with Lisa Lehner and with St. Leon’s attorney, John Watson. He suggested that the Board allow him to do pre litigation mediation. Fox motioned and Hughes 2nd to allow Bob Ewbank to set up a meeting with O’Mara, St. Leon, and the County to mediate the conflict over the sewer line issues. Passed.
Appointment of Citizen Member to BZA- Fox motioned and Hughes 2nd to TABLE this for further review.
Regarding the issue with the previous commissioner’s two appointments to the plan Commission, Bob Ewbank gave his opinion (subject to further research) that the one appointment that was made “in futura” was in error, but that the other appointment for the position that had been vacant for some time was probably OK even though they were “lame duck” commissioners. [NOTE: Rick Pope was the appointment that is possibly in error. It should be mentioned that Vera Benning actually motioned and voted for Pope in December. She also praised him during that discussion. The other appointment was Jane Ohlmansiek. Ohlmansiek is a Republican and Pope is an Independent. If Pope is not reappointed that position will have to go to a Democrat according the Indiana Code regarding balancing boards politically.] Ewbank is going to do further research and get back to the Board on this.
Juvenile Board- Fox motioned and Hughes 2nd to appoint Vera Benning to this Board. Passed.
Issues regarding the signing of the December minutes seemed resolved with Cary Pickens, Auditor attesting to their accuracy per Ewbank’s opinion, but Vera Benning wanted to match them against the tape to be sure. [NOTE: It would seem that the other two outgoing commissioners might be consulted, since they were part of these meetings, if there were any accuracy concerns.] Tabled.
January 11 meeting minutes were approved with a spelling correction.
Bryan Messmore- new County Administrator arrived to watch the meeting at this point.
Vera Benning wants the website updated more frequently- the county minutes are only up top October 2004. Cary Pickens informed her that that was the commissioner’s office’s job to handle. They will contact Jeff Zoller.
Claims were voted to b paid. Pickens told the commissioners they would have to come to the office to get individual claim details- the printout they were getting was as good as it gets. Apparently the new software bundles all the claims to each payee, so that departmental breakouts are not shown. This causes one check to be cut rather than several to the same payee from each office.
New Business:
The Yes Home Shelter Project Report will be on file in the Auditor’s Office.
Vera Benning announced an invitation the statehouse for a reception and luncheon with legislators.
Dearborn County Building Dept. Annual Report is on file in the Auditor’s Office.
HVL POA wants two excess police cars. Their last two cars were given to them in March. Hughes motioned and Fox 2nd to Table this pending a review of the county’s needs for these cars first.
Fox motioned and Hughes 2nd to allow Ewbank to meet with the Auditor to review the county ordinances and update them as necessary. Ewbank wants to recodify them and put them out in a format for the public to use.
Redevelopment Commission is meeting Jan 24th at the Chamber Offices- meeting open to the public.
Dick Robertson- CEA gave a report on the North Dearborn Road project. The BAD NEWS is that we were denied federal funds for the 2nd year in a row on this. Carter Keith at INDOT told him that this project came in 2nd in the Seymour District. The GOOD NEWS is that Keith is putting it in the system and assigning it a number for $1.00. That way they can proceed with design, engineering, and environmental studies to show INDOT that the county is serious about pursuing the project. This is the FIRST time that INDOT has ever done this sort of thing. Robertson is just thrilled to death with this and will come back after the design number is assigned. [NOTE: Where is the money coming from to show INDOT that the COUNTY is interested? County road dollars seem scarce now.]
Valley Rural Utilities NPDES Permit application needed signatures to show County backing. Fox felt uncomfortable signing this even though the deadline was this week. They weren’t sure how this affected other entities. Mark Mitter, Plan Commission Chairman and County Councilman, told Commissioners that Wed night (Jan 19) 7-9 the Plan Commission was having an open working meeting and had invited all the county sewer districts to it. They were welcome to come also. Fox motioned and Hughes 2nd to Table.
SEIRP sent over the YES HOME Project renovations paperwork. Fox motioned and Hughes 2nd to allow Vera Benning to sign it.
Vera Benning reported that the highway director brought in a report on his progress. The other two commissioners hadn’t read it yet. They would review it later.
Al Werner arrived (thought the meeting was 7:30) with his Building Department report and gave highlights. Included was an 18- year chart comparing permit records. He also stated that they collected $275,360.60 in fees and budgeted $215,354.70. That left a “profit” of $60,005.90. These were record highs.
Al Werner also turned his resignation in today noting that his vacation time would carry out to his final retirement date in February. Commissioners thanked him for his work all these years. The entire room broke into spontaneous applause.
Vera Benning reminded the audience again that anyone wishing to speak at a commissioner meeting needs to call the office one week in advance and be placed on the agenda. [NOTE: How would anyone know if they needed to speak to an item on the agenda if: 1. the agenda doesn’t list all the items which will be discussed, and 2. the agenda is not known to them a week in advance?]
Meeting adjourned at 7:20 PM.
Christine Brauer Mueller
Lawrenceburg Township
Wednesday, January 12, 2005
How Lawrenceburg Spent $20 Million
Reviewed all Bond Bank Council approved Minutes up through November 2004. December was not approved yet.
Beginning balance- $20 million
2002- Fortune Mgmt - $8 million at 1% (pre Bond Board)
1/2004 St. Leon Sewers- $1million (20 yr)
2/2004 DC Solid Waste Mgmt- $600,000
5/2004 G-dale Fire Station - $1.5 million was to be matched with $1.3 million of G-dale’s own $$s (20 yr) (was $1.3 million but bones on site)
Aurora City Bldg thinks they will request $1,999,999.00 (has to be less than $2 million)
6/2004 Invision Care by Whiskeys) - $110,000
8/2004 Hillside Health Partners, LLC $500,000 escrow (wants $3.5 million loan) (Grant Hughes or Lynn Eiler to sign off) ($10,000 for 2 appraisals)
9/2004 L-bg School Corp - $1.6 million (12 month loan)
9/2004 CMHC $1.3 million (20 yrs) (Lisa Lehner rep)
10/2004 Pieratt Properties (WSCH) $954,000 escrow (Maxwell builder) (1500 for 2 appraisals)
11/04 County Sewer Board wants $2 million for 2 years- but already committed $$s – none available.
In pipeline:
Aurora new City Bldg
Hrezo McCullough Bldg on High St by RSVP – approx. $1.9 million
YMCA Property from Hamline church in 96-97 coming back to L-bg. Boatdocks and Outdoor World presenting proposals for….
Three signatures and at least 2 must sign checks. Vicki March and Tom Steidel. (3rd ??)
UCB is the bank holding bond bank funds.
Procedure per Jackie Stutz, City Clerk Treasurer:
1. Tom Steidel
2. Econ. Redev. Commission
3. Bond bank Recommends
4. Council approves.
Rates- 2 ½ points under prime. Adjusted annually, no penalty if paid off, no collateral (except for private development per Steidel when questioned later), interest on deposited funds is returned to bond bank, waiver of origination fee.
$20 million two years ago- fund now at approximately $1.5 million as of 11/04
per Steidel- suspended private loans for all except those in the pipeline in Jan 2004.
(But Doug Hedrick got Council blessing in 12/04 for approximately $1million for phase 1 condos with Stacy Homes.)
NAPA (Hoosier Properties)(Jason Todd) and ER Rentals (Richard Butler representing Scott Ricketts) never got approvals.
Zerbe was att’y to end of 2004. Now Votaw is their attorney.
Members: Tom DeWees, Vicki March, Kipp Newmann, Tom Cook, and Jim Schwier.
Julie Webster replaced by Tom DeWees 2/2004.
Joe Edmondson- US Bank- conducting credit checks for loans.
Lawyer fees: 2004
Ice Miller- $2173.60 +1005.79 + 3866.33 + 7065.26 + 2641.48 + 3727.79 + 2080.59 = $22,560.84 as of 11/04
Zerbe $7650.00 + 8112.00 + 3187.50 + 1257.50 +3582.50 = $20,789.50 as of 11/04
Christine Brauer Mueller
Lawrenceburg Township
Lawrenceburg Redevelopment Commission Meeting- 10 January 2005 Notes
Present: Steve Lucier, Tony Abbott, Jim Howard, Dennis Carr, Tom Rodgers, and Att’y Joe Votaw.
Also- Tom Steidel.
There was apparently no agenda.
Craig Hilsinger- old business- 7 years ago- first came here for Tanners Creek Properties @ the request of Tom DeWees and Jeff Dornette.
Gave out packets of material on 100 + acres showing original PUD. He said construction costs have skyrocketed since 9/11…
His retail part is done (even though there are some issues with drainage that weren’t part of the original design per Hilsinger…)
Talked about 127 condos at the $89-129,000 range, 116 single family lots, and 240 (had 346 originally) townhouses.
Now they plan to tie into Florence Drive with dedicated streets forming a loop. He wants low interest loan for these sites and a revolving line of credit on the condos etc all secured by a first mortgage on the property valued at $4 million. Hilsinger thought it should be administered by a local bank- someone who knows how to handle this type of project…
He’s figuring a 5-7 year buildout, and stated that all infrastructure is in place. Figures $1.75 million for the road- lots of excavation. Needs a lake for detention area for stormwater.
Loan amount requested is $14-17 million!!!
Board questioned Hilsinger regarding the cost of services that Lawrenceburg has to provide not being offset by the taxes generated by the development. No answer.
Hilsinger states the development will look like a fishing village with a lighthouse and pool. 60 ft frontage on lots (needs a zoning exception for this because 75 ft is the rule), and lots will back up to trees and lake. There is a $2 million mortgage on this property valued at $4 million.
UCB could loan this amount but Hilsinger is looking for a better rate.
Steidel said it is difficult to get banks to finance apts now.
Street cost to be $350-375/ft.
Wants to get thru Kaiser’s land eventually to tie into the big development on Tower Road. (Linkmeyers subdivision)
At this point Hilsinger referred to my (Chris Mueller) editorials stating that he though I’d have to agree that this was a great plan- cluster development etc… walking to shopping, places for the elderly with ADA features and along an anticipated mass transit route. [NOTE: No Comment- this is out of context for our county master plan]
Board wants more details and firmer numbers. Next meeting he will bring them- Feb 14th- Valentine’s Day. Abbot comments he can come then for a “sweetheart deal…” Laughter.
Hava Java- Jerry and Alicia Kent and att'y Lisa Lehner. Pete Zaharacos also in audience as support.
319 Walnut St- owned by Kevin and Lee Ann Coates (she owns Help-U-Sell) and as landlord they are Norco Properties.
Alicia Kent presented that they have been there for 4 years now- that in 2 years they had 68% growth and in two more another 64%. They want to own the building to expand the business. They hope to do renovations inside and outside to gain 80 additional seats. They plan to increase revenue by 20% and the kitchen by 40%. They want to work with the city to build a courtyard out toward the parking area the city plans to have finished in May 2005.
Requesting $620,000 loan- the building costs $250,000- the rest is for repairs and renovations and expansion. They have 5 employees who have been there throughout the 4 years and will add more employees. The 2nd floor apt. is nice the 3rd floor needs some work.
They will extend the back of the building on dock area to add more than 300 sq ft for the kitchen. Courtyard will be stamped concrete with lattice and ivy and a gated entrance.
Steidel spoke- stating he’d give a lot of history here:
They got a $20,000 small business grant last year. He is worried that they don’t want to assume any risk with this property. Steidel wants them to put up their net worth as collateral. They need to own the building. Steidel wants to provide construction funding for each stage of the project and then transfer that to a bank loan.
Rodgers- this is an important meeting- we are redefining what we can do. I live on Front Street and I’d rather loan to you. (Kents)
Votaw- you can’t do a phase in thing.
The board wanted to know why they didn’t go to the bank.
Told them they did go to a local banker first and he advised them to go to the Bond Bank. Lisa Lehner told them it was UCB and E G McLaughlin.
Jerry Kent told them he has legitimate local bids with prevailing wage to be paid.
Pete Zaharacos asked what the criteria is in the bond bank as to who can come forward, etc. He was told that the Redevelopment Commission is a screening group. Rodgers- we don’t have any criteria yet- we are building this.
Steidel stated that he had his finger on what the city wants etc. [NOTE: The plan is in HIS head??]
Question was asked: Could you think about a % to be covered by local banks and a % by the bond bank- to balance out the loans?
Jerry Kent talked about time delays and when the parking lot would be finished so they could do their expansion – wants to take advantage of a window of opportunity for the work to get done.
Bond bank is to determine if this type loan is legal. City Council has the OK really.
Lucier stated that the board plans on saying yes to this- get an option on that building etc.
Meeting adjourned 6:30 PM
Tuesday, January 11, 2005
11 January 2005 Dearborn County Commissioner Meeting Notes
Present: Vera Benning, President, Jeff Hughes and Rick Fox.
Brenda Hensley was minute taker for Cary Pickens, Auditor. Bob Ewbank sat in the Att’y chair.
Vera Benning- opened the meeting with a prepared statement about reorganization, which she defined as putting together a team. She stated that taxpayers voted them in and that they were going to make economic growth a priority. Using the Biblical quote that a house divided against itself will not stand, she stated that it was imperative that the team pull together and that they intended to move forward in a positive and fair manner. She gave the prepared statement to Brenda to include in the official minutes.
New appointments:
[NOTE: There were no discussions regarding any of these appointments. It appeared that there were decisions made prior to this meeting]
Vera Benning- President of Commissioners
Bob Ewbank- County Attorney
Jeff Hughes - Plan Commission Rep for Commissioners
Tabled BZA appointment
Jeff Hughes- OKI Board of Trustees Rep
Rick Fox- Animal Control
Vera Benning- Convention and Tourism Board
All three commissioners sit on Solid Waste Board
Rick Fox- Emergency Mgmt Advisory Board
Tabled Juvenile Advisory Board
Jim West- Redevelopment Commission
Don Townsend- Building Dept. Director
(Al Werner retired)
Reappointments:
Bill Ewbank- VA Officer
Bill Black- Emergency Mgmt. (courtesy vote-only)
Bryan Messmore – County Administrator – effective Jan 21 -
[NOTE: Lorie Howard was notified that she was no longer county administrator prior to this meeting by Jeff Hughes and Bob Ewbank. As Ewbank had not been appointed yet as county attorney, and there was no public meeting (other than the reorganization meeting) after the executive session held at 6PM, how and when did commissioners decide legally to terminate the county administrator?]
Mike Davis- Hwy Director
Rick Fox- DC Economic Development Initiative
Vera Benning- Redevelopment Commission- Commissioner Rep
Jeff Hughes – SEIRPC
Vera Benning- Common Wage Board
Ed Brack- Park Board
Jim Dole- Alcohol Beverage Board- even though term doesn’t end till 1/06
Dan Strub- HHH- even though term not up yet
Barry Pruss -Sewer Board- even though term not up till 2008
Rick Fox- County Farm Board
Treasurer’s Report- found later by Ewbank at his seat- tabled to review for next meeting
Bill Black- Emergency Mgmt- asked to speak regarding an emergency declaration for snow and flooding so that if a disaster is declared we will be eligible for funding. Fox motioned and Hughes 2nd to sign this.
Commissioner’s Meeting Schedule is now changed to the 1st and 3rd Tues of each month at 6:30 PM. No more morning meetings. July will have one meeting dues to a convention that the commissioners attend.
Hospital Board meeting is set for Jan 26th at 5:30 PM for dinner. Commissioners and related staff are invited.
Public Official Bonds for Treasurer Gayle Pennington and Clerk Phil Weaver were signed.
December 6th meeting minutes were tabled.
Claims were signed.
Citizens were reminded that if they wish to be placed on the agenda they must call the commissioner’s office one week prior to the meeting.
Ewbank told commissioners they should make a call for any old or new business. Vera Benning brought up White’s Hill, but noted that it couldn’t be discussed because Mike Davis was no longer present.
Meeting adjourned 8:05 PM
Christine Brauer Mueller
Lawrenceburg Township
Monday, January 03, 2005
Commissioners meeting times changed for January 2005.
On Tuesday, Jan 11, 2005 there will be a reorganization meeting starting at 7:30
pm. The next meeting is Tuesday, Jan 18, 2005 there will be a regular Commissioners
meeting at 7:30 pm. Both at admin building.
Christine Brauer Mueller
LAwrenceburg Township
Tuesday, December 28, 2004
27 December 2004 Dearborn County Plan Commission Meeting Notes
I was not present at this meeting. The following is a condensed summary of the meeting decisions.
1. Primary approval for Jeff and Jerry Tucker for a 2-lot replat of Little Cedar Ridge, Phase 2 on 2.629 residential acres One Mile Rd. in Miller Township was APPROVED with a condition on providing a drainage easement for the adjoining LMH sewer treatment facility.
2. Primary approval for a 3-lot major division of land for Hapanowicz Estates (7 acres of Residential land on North Dearborn Road in Logan Township) for Steve and Carol Hapanowicz with Dennis Kraus presenting. This was APPROVED with the condition that the Gilley property had to have a driveway permit prior to secondary approval on the subdivision.
3. Primary approval for a 7-lot major division of 17.8 acres of Residential land on Salt Fork Rd. in Miller Township presented by Carol Morman for owners Robert and Gary Althoff was APPROVED as presented. Six lots had shared driveways and the seventh had direct access.
Administrative:
Working meetings for ordinance revisions were set for the 3rd Wednesday of each month. The first one is Jan 19th at 7PM in the regular meeting room at the Adm. Bldg. ADVISORY BOARD MEMBERS FOR THE MASTER PLAN will be notified by mail of this schedule and encouraged to sign up and or attend meetings of particular interest or for which they have particular expertise. Other citizens or appropriate personnel will also be encouraged to give input. The first meeting will focus on sanitary sewers.
Travis Miller also presented some draft forms for utilities, schools, etc. as requested by the plan commission at their last working session. Plan Commission members have until the 19th to review them and suggest changes if needed.
Plan Commission members will be signing up for separate committees to work on ordinance changes in small groups also. Topics are: AG zone standards and Residential zone subclassifications, Cul-de-sac street requirements, Sewer treatment, Road standards, and Lot frontages and direct access requirements.
Staff is reviewing minor ordinance language changes and clarifications, as well.
Meeting adjourned by 9:45 PM
Christine Brauer Mueller
Submitted from information from the Planning and Zoning Office
Lawrenceburg Township
Tuesday, December 21, 2004
Objection to Debt Service Tax Rate increase
The following was delivered by Karen Loveland and Marjorie Mortenson to Tom Book At South Dearborn Community School Corporation, Monday, December 20, 2004 at approximately 4:00 pm. It contained 11 signatures and addresses: Karen Loveland, Marjorie Mortenson, Sherry Tice, Mary Trog, Robin Rohe, Ricky W. Beach, Lisa M. Jarman, Susan Page, Andy Wake, C. Jay Beyer and Ruth Pfister.
In accordance with Indiana Code Section 5 (b) of Chapter Six, we the undersigned are filing an objection petition to South Dearborn Community School Corporations Request to raise the Debt Service Tax Rate From .4018 to .4669.
Tuesday December 7, 2004 South Dearborn was represented by City Securities Corporation who sold $42,390,000 in bonds. Currently over 20 Million in bids have been awarded for the Aurora Building Project. The Middle School is $356,597 over cost estimates advertised at 1028 hearing. The Middle School Conversion to an Elementary is $1,217,956 over cost estimates advertised at 1028 hearing. The High School bids currently awarded are over 8 million under cost estimates advertised at 1028 hearing.
If the bond issue fell short of construction needs, that shortfall should be made up through a reduction in capital project costs, rather than an increase in debt service tax rates.
Name Address of Real Property
1. Signature: _______________________ Printed Address: _________________________
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Date Signed:_____________________ Township: ______________________________
2. Signature: _______________________ Printed Address: _________________________
Printed: ________________________ ________________________________________
Date Signed:_____________________ Township: ______________________________
3. Signature: _______________________ Printed Address: _________________________
Printed: ________________________ ________________________________________
Date Signed:_____________________ Township: ______________________________
4. Signature: _______________________ Printed Address: _________________________
Printed: ________________________ ________________________________________
Date Signed:_____________________ Township: ______________________________
5. Signature: _______________________ Printed Address: _________________________
Printed: ________________________ ________________________________________
Date Signed:_____________________ Township: ______________________________
6. Signature: _______________________ Printed Address: _________________________
Printed: ________________________ ________________________________________
Date Signed:_____________________ Township: ______________________________
7. Signature: _______________________ Printed Address: _________________________
Printed: ________________________ ________________________________________
Date Signed:_____________________ Township: ______________________________
(For more background on this topic)
Open Letter rebuttal : October 29,2004 letter by Ralph Thompson, "The Suburbanization of Dearborn County"
Dearborn County Regional Sewer District
215B West High St.
Lawrenceburg, Indiana 47025
(812) 532-3223
December 20, 2004
Re: The Dearborn County Regional Sewer District (“District”)
To Whom It May Concern:
This letter addresses various statements by Mr. Ralph E. Thompson, Jr. as published in The Register on Thursday, November 11, 2004. Ralph Thompson in this article entitled “Suburbanization of the County Coming” makes several false statements regarding the District. This letter will set the record straight regarding the true events so that residents are truly and correctly informed.
1. Throughout the article, Ralph Thompson states that the District is about helping developers and real estate agents get rich at the expense of County residents. This statement is not true. As District Board Members have repeatedly indicated, the District is not about development. The District is about public health and safety. Testing has been performed in the District area by both the Health Department of Dearborn County and the District. These test results indicate that the District is a public health hazard and that hazard is not limited to High Ridge Estates. There are test results indicating raw sewage throughout the District boundaries. The area within the District needs immediate attention. Therefore, the Indiana Department of Environmental Management (“IDEM”) established the District by its Order. IDEM did not create the District for development. IDEM charged the District with providing sewer service to properties in the District. Therefore, the District is obligated and required to provide sewer services to all property owners – whether they are developers or not. The Dearborn County Plan Commission gives approval for subdivision developments. The District does not. If the District is economically capable of providing service to a property owner, whether that property owner is a developer or not, then IDEM requires that the District provide service.
2. Ralph Thompson also states that the “board indicted [sic] it would stop all development . . .” This statement is not true. The Board cannot stop subdivision development. Only the Dearborn County Plan Commission has authority to limit subdivision development. The District Board has indicated, in its public meetings, that the District Board will require developers to contribute to the cost of the sewer system such that residents’ costs are decreased.
3. Ralph Thompson also wrote that the District Board was in “a rush to sign a contract to provide sewer service to developer Ralph MeierJohan, Ameritek Custom Homes, Cincinnati.” Again, this statement is not true. The Board was not in a rush to sign a contract with Ameritek. After long deliberations and negotiations with Ameritek, the Board signed a favorable contract with Ameritek. In the contract, the Board refuses to provide immediate service to Gabbard Estates until the District is prepared to take on the subdivision users. The contract requires the developer, Ameritek, to pay for a lift station and various sewer lines to service a particular area of the District. The Board believes that this contract will economically benefit all residents of the District by decreasing costs of construction of the entire sewer project. Ameritek agreed to pay for lines running from Aurora to Gabbard Estates and this will save the District significant money and it will benefit residents beyond Gabbard Estates. The District has authority to approve the design and construction of a large chunk of the sewer system under this contract and the developer pays for this, which will benefit all residents in the District. It is better for the developer to pay for the lines servicing the entire District than for the residents to pay for them.
4. Ralph Thompson, in his article, implies that real estate agent Brett Fehrman has a conflict of interest by sitting on the District Board. This is not true. The District Board has opinion letters from the Indiana Attorney General’s Office and the Dearborn County Prosecutor stating that a real estate agent dealing in the District area lacks a conflict of interest and may sit on the District Board. These opinion letters have been discussed in prior public meetings of the District Board. If Ralph Thompson had attended these public meetings, then he would be aware of these facts.
5. Ralph Thompson writes that the District will be $2 million over budget and will bill residents of the District $70 to $75 a month. This statement is misleading. The District Board has discussed at its last several meetings decreasing the cost of the project by $2 million and arriving at a monthly bill to users of approximately $60 per month. The District has repeatedly indicated its intent to bill District users approximately $60 per month and the District Board intends to limit the monthly cost to $60, plus the cost of water.
6. Ralph Thompson also writes that the “residents of the District are being forced to pay for the very development they may not want.” This statement is inaccurate. If residents of the District do not want the development of subdivisions in the District, then those residents should voice objections to the government body which approves or denies subdivision development – the Plan Commission. The District is, and remains, neutral with respect to subdivision development. However, the District must provide sewer service to each and every property owner in the District including subdivision owners as long as it is economically feasible. The District cannot legally deny sewer service because it is against development. In that event, the District would be in violation of IDEM’s Order.
7. Ralph Thompson writes “Our “real estate agent” commissioner . . . is working to help developers and real estate agents get rich at the expense of County residents.” This statement is a misrepresentation. Ralph Thompson frequently refers to Commissioner Vera Benning, who has and does work as a real estate agent. Vera does not sit on the District Board. Vera does not vote, and has not voted, on any issues before the District Board. Vera was not in a position to “help” developers. Again, the fact that a Commissioner is a real estate agent is not in and of itself a conflict of interest.
8. Ralph Thompson writes “There are four more sewer districts in planning.” This statement is untrue. The Board has not discussed any other additions to the District along Indiana 1, Indiana 350, Indiana 48, or in New Alsace.
Ralph Thompson writes in his letter that he is an engineer. As an engineer, Ralph Thompson requested in a public meeting to perform engineering work for the District’s initial planning phase. His services were not retained. One imagines whether Ralph Thompson’s negative, misleading and/or false statements are fueled by this rejection.
The District Board agrees on one point with Ralph Thompson, however. The District encourages public involvement and public attendance at meetings of the District Board. These meetings are open to the public as required by law and generally are scheduled two times a month – the first Tuesday evening and the third Tuesday evening of each month at 7:30 p.m. As the Board recalls, Ralph Thompson has attended only one meeting. If he had attended more of these public meetings, he might have been better informed of the true facts and events involving the District.
Very truly yours,
Dearborn County Regional Sewer District Board of Directors
(Provided by Michael Hankins)
Monday, December 20, 2004
20 December 2004 Dearborn County Commissioner Meeting Notes
Present- Karen Shell, President, and Dan Batta. Absent: Vera Benning
Also present: Cary Pickens, Auditor, Lisa Lehner, Attorney, and Lorie Howard, Administrator.
This was the final meeting of the year.
1. Lifetime Resources- Ellen Davis- gave an update on owner occupied rehab grants for ages 55 and up, disabled, making less than $36,000 for a single homeowner. They also have enough money for 43 home loans assistance for first time homeowners. 10 people have completed their course and 5 are closing on homes by the end of 2004.
2. Lorie Howard presented the following items:
SIRPC item on release of liens was tabled till 2005 when a representative can come to explain the issues.
Commissioners approved the 2004-2005 encumbrance list.
Knueven Food Service was approved for the vending machines.
3. Mike Davis- Transportation- reported on hwy progress on White’s Hill- where they are having some problems getting a legible design to O’Mara for part of the work, causing delay in the project.
Staff is preparing a 2005 plan for the new board of commissioners.
All bids for asphalt, culverts, etc were approved except for a fuel bid that was far higher than the rest.
Commissioners voted to approve the berming project with O’Mara with Lisa Lehner to see final contract and not to exceed $75,000. 147 account is to be tapped for this project. They will be berming primary roads only.
4. Lisa Lehner- Attorney went over the Local Aid agreement with Bill Black (Emergency Management) He will be checking on liability issues compensation and death benefits clause, and FEMA section on reimbursed expenses. They will review his findings before finalizing the interlocal agreement with Ohio and KY.
The Fair Housing agreement was revised per instructions from last meeting and approved by commissioners tonight.
Commissioners deferred the legislative services agreement with Lewis and Kappes until 2005. This is the LOBBYIST AGREEMENT. [Note: there has been no public reporting of these services in the past year- it would seem that the county is paying for something, but no one seems to be able to verify that they are doing anything for us really.]
There are several lawsuits pending in the county- some are just class action suits, others are suits where the county is named as a matter of course. Lisa Lehner did mention that local attorneys- Ewbank and Kramer- have two suits pending against the county.
5. Auditor: Minutes were approved for both November meetings, even though Karen Shell was absent for one. Commissioners did it because, there was no other was to close out the year; the new commissioners couldn’t vote on a meeting they weren’t part of.
Claims approved.
6.Public Comment: Ralph Thompson presented commissioners with information on perpetual pavement design.
He thanked them both for their services and wished them good lick for next year.
Lastly he presented research on the minutes and background regarding Old Pruss Road and the issues on the proposed Rump Road off Grelle road. [Note: See meetings previous where the Rumps and Burkes are requesting this entire gravel road to be accepted for county maintenance, rather than just the 100 feet that the county took in 2002. Heather Benning Rump is Vera Benning’s daughter.]
Christine Brauer Mueller
Lawrenceburg Township
Thursday, December 09, 2004
8 December 2004 Plan Commission Working Session Sets 2005 Initiatives
Members present: Mark Mitter, Chairman, Rick Pope, Nick Held, Mike Hall, Jane Ohlmansiek, Tarry Feiss, Dan Batta. Absent: Roger Woodfill and Patrick de Maynadier. (Dennis Kraus, Jr. who will replace Roger Woodfill in January was also present, as was Jeff Hughes who will be D-1 Commissioner) [NOTE: Jeff Hughes indicated that he was interested in being the commissioner rep to the plan commission.]
Arnie McGill, Att’y, Mark McCormack, Enforcement Officer, and Travis Miller, Planning Director, were also present.
Citizens present: Tom Kent and Chris Mueller
The session took a little over three hours to discuss various issues over the past year including:
1. Forms for utilities, EMS, fire protection, and school districts to fill out regarding new development applications that will produce REAL information that the plan commission and developers can depend upon as accurate. Plan Commission will meet with these groups first to determine their needs and input. (Previously the commission is getting form letters which don’t state the impact on the school building projects or classroom size nor do they state when the sewage lines will actually exist to service certain developments.)
2. Zoning districts which need to be clarified and further divided into the subcategories indicated by the master plan committee.
3. Research cul de sac lengths and numbers of houses on them.
4. Clearly defined policies on septic, sewers, and whether or not the county will entertain possible experimental sewer plants or systems.
5. Road deficiency data which need to be updated and policies on development relating to this.
6. Driveway spacing and lot frontage requirements.
7. Developing a thoroughfare plan.
8. Working with the current land use map which was devised for the master plan and setting overlays of sewers, roadways, topography, soil types, etc. to guide future planning. (Board members had issues with drawing lines on maps that actually rezoned properties without the owner’s approvals- as a property rights issue) [NOTE: The current land use map is different from the current ZONING maps. Some properties are Zoned R and are functioning as Ag, for example. A current land use map tells the plan commission what is really happening in an area as opposed to what the old whole county rezone from early 1980 predicted.]
The plan commission added an extra working session each month for the 1st quarter and quarterly extra meetings thereafter to work on accomplishing these goals. They want to get factual data for the basis of their policies. Committees will be set up for each issue and consist of NO MORE THAN FOUR PC members, to avoid having a quorum at unpublicized committee meetings. The advisory board members for the master plan will be kept updated on the progress of these meetings and some members may be solicited to work on some of these committees. Consultants will be sought on a small scale to gather some of the data needed for some of this background, particularly with respect to roads (design and LOS, etc.), infrastructure, economic and tax bases models, cultural and environmental resource inventories, etc. Staff will obtain some of the data accessible within the county system.
Other items of information passed out at this meeting:
1. The master plan- hot off the presses.
2. St. Leon and West Harrison status with respect to ordinance assistance and permitting issues.
3. US 50 Corridor Planning status.
4. A change in the application deadlines for public hearings that will add about 2 weeks to the application procedure. The surveyors (Hall and Kraus) and Tom Kent were asked about this as well and seemed to think it would give them a better chance at approval. It allows for the tech review to occur BEFORE they submit an application for a hearing and thus gives the applicant time to address the tech review comments before applying.
A detailed memo was also passed out.
Meeting adjourned at 10:15 PM
Christine Brauer Mueller
Lawrenceburg Township
Monday, December 06, 2004
6 December 2004 Dearborn County Commissioner Meeting Notes
Present: Dan Batta, Acting Chairman, Karen Shell, and Vera Benning. Also present: Cary Pickens, Auditor, Lisa Lehner, Attorney, and Lorie Howard, Administrator.
1. Bill Ewbank-Veterans Service – reported briefly that the hospital has agreed to schedule veteran’s tests at times more appropriate to the hours they can be driven to their appointments.
2. Bill Black- Emergency Management - reported that he is working on a draft copy of the tri-sate agreement and that OKI was getting survey results to them soon. They received a $34,483 Homeland security Grant for the Sheriff’s dept. on fingerprinting equipment. He also presented a $8184 HAZMAT contract.
3. Mary Burris –CASA – Received approval on the CASA proposed grant distributions.
4. Mike Davis – Transportation – Gave the road slip lists to the commissioners- same as what he gave Council. Commissioners approved $76,960 and a potential $11,970 for guardrail out of the 147 account.
White’s Hill – road bed is cut in, slipping bank is shored up. They are putting gravel in and hope that they’ll get 2 days of no-rain to pave. In spring they will finish the culvert at the top f the hill. Sewer lines are protested.
Phase 2 paving is proceeding. Rohe Paving has had some slow down due to rainy weather. Still need to do North Hogan from SR48 to Hogan Hill, Shangri La sub’n, Probst Road outside Wilmington and the street by Hogan Fire Dept.
Line striping is waiting on weather also.
Three sets of subdivision roads were accepted by commissioners into the county maintenance lists: 350 ft of Piper’s Landing, 694 feet on two road in Deer Trails off Priest Rd. (Reids Lane and Curtis Court), and 1720.18 ft. of Fox Chase Sub’n.
Documentation and plats etc. will be completed and recorded per Mark Seiler.
Highway maintenance is proceeding in all districts with ditching to keep water off roads this winter. Bridge crew is trying to get the West Laughery Bridge in. Bills are being paid out for the year, and they are working on next year’s road plan with the new commissioners and Vera Benning. There will probably be more maintenance than paving next year.
5. Travis Miller- Planning and Zoning – Housing Assessment Study was presented by Scott Burgins. (100 pages with a 9-page summary). He recommends starting a Housing Council to keep the plan alive and updated. Info of interest:
1990-2000 there was 19 % growth in Dearborn County- twice the state average and 12th fastest growing county in the state. Surveyed houses for sale in Dearborn County: $184,000 was the average price. 30% of homes are under $150,000. 5% are under $100,000. Average rent in the county was $508/month.
Realtors and developers reported that lots used to go for $15-20,000 and now are priced in the $40-60,000 range.
Travis Miller (Planning director) and Ellen Davis (Lifetime Resources) were a big help on the study.
Suggestions included starting a splash project to keep interest high- such as THE YEAR OF THE HOUSE. Also suggested a Housing University to bring community services together rather than duplicating them. Example: Combining the Home Ownership Classes by the Extension Office and Lifetime Resources.
A Landlord Expo- to improve the conditions of rental housing.
The Fair Housing Ordinance was approved as required by the IFA. Enforcement will occur via the Ind. Civil Rights Commission, as referred by the CEO of the Commissioners (who may delegate Lorie Howard as the contact locally)
Travis Miller also presented the Comprehensive Plan copy to the commissioners- hot off the presses.
Vera Benning was concerned about checking out the criteria of the proposed board appointments before appointing anyone to the Plan Commission. No more than 3 members can be of any one party. [Note: Currently of 5 slots there are 2 Republicans (Feiss and de Maynadier), 1 Democrat (Hall), and one Independent (Rick Pope), with one seat open.]
Commissioners reappointed Rick Pope to the Plan Commission for 4 years. Benning noted that Pope had served well in the past and Shell concurred.
Karen Shell motioned and Vera Benning would not 2nd Jane Ohlmansiek as the replacement for Dave Schmidtgoesling’s seat on the Plan commission. Batta 2nded it and Ohlmansiek was approved with Vera Benning voting Nay.
They will have to find a citizen to fill and empty citizen spot on the BZA. Ohlmansiek is slated to be on BOTH boards.
6. Lorie Howard- County Administrator –
Mike Kraemer of Pinnacle presented the renewal proposals for employee health plans. United of Omaha was approved to help with keeping outlining claims in line.
Brett Dodd of RQAW gave a presentation of the jail and courthouse space needs. See the notes under the previous Council meeting in November- it was the same presentation. They have done some further work on the juvenile center’s needs also with Judge Humphrey and Lorie Patton and Steve Bradley.
Contracts (3 year) for fire and EMS with the city of Harrison were approved unanimously. It was noted by Lorie Howard that the per diem costs would be more expensive in the long run as they do 4-500 runs a year for the county. Benning stated that she’d checked with Council and was in agreement with this.
Bids were opened for annual services and the appointed and elected officials of the dept’s were approved to award the contracts as they see fit.
Bidders were: Ritzner (sp?) Oil Co, Newpoint Stone, Rohe Paving, Laughery Valley Fuel, O’ Mara Paving, St. Regis Culverts, Troy Gas, Midwest gravel, CSC (Corp. services Co), CPI Pipe, Beyers Pharmacy, GFS Food Service, Ellenbee Leggett, Knueven Food Service, and Diamond Prescriptions.
The lobbyist contract will be reviewed for next meeting.
Dearborn County Hospital Board invited all the commissioners (present and new) to their Jan 26th dinner meeting in the Ohio Room.
OKI was approved to do the air quality performance study for $5500 of which 20% is the county match for $1100. It was noted that Greendale and Lawrenceburg are expected to contribute part of the $1100.
MPO Boundaries were approved to include all of Dearborn County. They commissioners approved sending a draft letter to INDOT noting this boundary inclusion. Lisa Lehner noted that at the meeting where this was decided the following were present: Tom Steidel ( L-bg City Manager), Jim West ( Econ. Dev. Director), Scott Fortner (Dillsboro Manager), and Doug Hedrick (Greendale Mayor). Neither Aurora nor St. Leon sent a representative.
Lorie Howard found spaces for the new surveyor and his deputy in back of the hwy. Dept. The GIS tech will go to Kin’s desk in hwy and Kin will move one desk up closer to Denise’s desk.
Lorie Howard was approved to start advertising again for the county engineer. She is to use her judgment on advertising costs.
7. Lisa Lehner- Att’y - was covered under various departments
8. Cary Pickens – Auditor- presented claims and minutes.
9. Public Comment- Sheriff Lusby reported the overcrowding at the jail- see Council notes in November for more on this. He also received approval to manage his own employee’s vacation and sick time.
Lusby thanked the outgoing commissioners for their services and said it had been a pleasure working with them.
Cliff Eibeck- citizen- also thanked the outgoing commissioners- Karen Shell and Dan Batta.
Meeting adjourned at 12:10 PM
Wednesday, November 24, 2004
23 November 2004 Dearborn County Council Meeting Notes
Present: Charlie Fehrman, Chairman, Aaron Negangard, Tom Cheek, Bill Ullrich, Bo Lansing, and Dennis Kraus. Absent: Mark Mitter (on vacation) Also present: Cary Pickens, Auditor, Vera Benning, County Commissioner, and Phil Weaver, Treasurer.
1. Travis Miller- Planning Director- requested an additional $2500 of the $6000 left tabled from April’s $12,000 request to finish out the year on legal fees. Ullrich motioned, Cheek 2nd. All ayes, APPROVED.
Miller also requested council’s blessing to enter into the previously discussed OKI contract to provide $9100 of GIS services at OKI’s cost. Council had granted $51,000 in the budget for the match to the total $205,000 grant that will be decided in early December. If the grant is approved this $9100 will come form the grant dollars, if not it comes from the $51,000. Miller anticipates the grant being approved.
Per Cary Pickens- in 1998 the commissioners approved an ordinance where each dept. is it’s own purchasing agent, so Travis can do this anyway. Fehrman appreciated Travis coming in and sharing the info anyway- like a “a breath of fresh air.”
Vera Benning didn’t want there to be a contract that the new commissioners didn’t review. [NOTE: Fox and Hughes were in the audience observing this meeting. They raised no objections.]
Kraus didn’t want to disrespect the commissioners. Fehrman asked Vera if she was offended. She said no as long as it wouldn’t come back to haunt the commissioners. Cheek reiterated that this was not intended in any way to disrespect commissioners. Ullrich motioned and Cheek 2nd. 4 ayes. 2 nays (Negangard and Kraus) Approved. Negangard stated his nay was because he didn’t believe a vote was even needed.
Travis Miller advised Council that he’d advertise and in January he was requesting a fee schedule change in his office to cover printing fees for the master plan ($60 each or free on the internet) and a deposit of $20 for signs on properties requesting public hearings at the Plan Commission or BZA.
2. Youth Services Fund aka the County Benevolent Fund.
Marilyn Bauer of Dearborn Highland Arts Council requested a ONE TIME grant of $1000 to help fund scholarships to the Children’s Youth Choir ($60 each tuition), until they could get on the cycle with the DC Foundation grants.
She also requested $1000 for supplies for the arts classes for children.
Cheek motioned and Negangard 2nd All ayes. Approved.
Phil Kenton of the Panther’s Homeschooler Basketball team- 28-30 kids- needed a one-time grant of $1000 to help with uniforms. Negangard motioned and Cheek 2nd. All ayes. Approved.
Ruth Ann Batta did not appear- her request was not heard.
3. Brett Dodd and Joe Mrak of RQAW gave a 30-minute presentation on the jail expansion and space study. (25-year study) They looked at each area in 3-4 ways to build a consensus of the needs. The juvenile center is still being analyzed- they didn’t have a full idea yet of their space needs.
Part projected population at 89,000 in 2029; they thought a more conservative estimate would be 64,000. [NOTE: in 1870 the census of Dearborn County was 24,100. In 2000 it is about 48,000.]
RQAW used 4 counties to compare our needs. Bartholomew, Grant, Morgan, and Warrick. If these counties did not add judges, they were surviving on extra staff, magistrates, and senior judges.
Space needs- projected as 137,000 sq ft. Currently we have 84,000. Our current 311 parking spaces are adequate!
They presented several options for space reallocations and included the Shumway/Fortune Mgmt Building. In the jail there are about 200 beds (double bunked) with 26 jailers. With the new arrangements 200 beds would require just 16 jailers. (Projecting needs of 400 beds for 2029) Bartholomew County has 2 courts and 203 staffers. We need 3 courts and 250 staffers. 80% of jail is double bunked now. Women are not.
4. Sally Blankenship- Prosecutor- requested $13, 015.27 from the 4D account to pay to make a $7,000 part time clerk into a full timer. She has all covered except for the insurance. She said she’d find that in another account. Kraus motioned and Ullrich 2nd. All ayes. Negangard abstained (he’s ass’t prosecutor). Chair voted to get 5 ayes for a salary change. Approved.
5. Loans Discussion:
Randy Hillenbrand brought one of the Welfare Dept’s main creditors (Gibson from WITES (sp?) program for Residential and Family Services) who is owed about $400,000 currently. Currently Welfare Dept. is in the hole to the tune of $1.2 million again. Tax collections are creating problems. Charlie will pursue 3 options: an extension of the UCB loan, the bond bank, or the 197 account, which requires 7 votes from council to spend. If they have to use 197, they will schedule an emergency meeting in December.
Solid Waste loan – BJ Ault was not present. $150,000 was to be paid back 2 months ago. (It was due whenever 03 taxes were collected) The solid waste att’y’s contract had it for 04 collection. Apparently Batta signed the Solid Waste att’ys contract as pres of the Solid Waste Board, but that contract was NOT the one used for the final decision. They used Lisa Lehner’s version) [NOTE: Vera Benning stated that she had nothing to do with this, etc. etc. etc.] I mentioned at this point that when they entered into that agreement I had asked BJ after the meeting if it was with or without interest. She said it was WITHOUT interest. I wanted them to know that BJ Ault probably had a different understanding of the agreement than the one they were stating tonight. Kraus motioned and Negangard 2nd to call the note in as specified in the contract. All ayes. Approved. [NOTE: Council thinks this means $150,000 plus interest.]
6. Mike Davis- Hwy Director- found that the state budget cut $212,814.27 from the MVHA funds. In order to make that up they will use money from the $800,000 left in the bituminous account per Cary Pickens. Cheek motioned and Lansing 2nd to use $213,000 from the 147 account to finish out ’04. All ayes. Approved.
They also need $77,000 to improve 5 slips from the 147 account. Cheek motioned and Kraus 2nd to approve IF THE COMMISSIONER’S ARE OK WITH IT. All ayes. Approved.
7. 911 needed $25,000. (for what???) Cheek motioned and Ullrich 2nd All ayes approved.
8. Bill Black- Emergency Mgmt Director- gave a presentation on the 800 system. There will be 4 transmitters in the county. One will be built by the hwy garage on US 50. the other 3 will be co-located. All to be complete by March.
Lawrenceburg (Tom Steidel met with them) officially committed to helping as much as possible but wants token buy-ins by each entity involved. Dollar amounts not decided on that yet. In theory it will be a grant loan program so that nothing will be paid back till “06. Rough figure for the county is $700,000, not counting dispatch. Black stated that $200,000 in grant money is committed already. A couple years ago L-bg agreed to pay the county for dispatch services and nothing has been paid to us yet!!!
It takes 6 months to get equipment from Motorola. Ohio County is doing this system also and covering it for 300,000 (smaller county). Surrounding counties are all going to the 800 system.
Ullrich motioned and Cheek 2nd that the county commits to be an active participant in the 800 system for the good of law enforcement and EMS. All ayes. Approved. [NOTE: Charlie Fehrman voted on this also]
9. Dave Lusby- Sheriff- updated Council on the crowded conditions of the jail. We took 16 to Richmond to temporarily house them at $35/day. Four women were in a padded cell over the weekend also. Judges and prosecutor are working to alleviate the problem.
10. Courts needed $20,000 for a public defender. Council called Judge Witte to see if that was the figure. (Apparently less was advertised in county general). Used contingency fund so there was NO NEED TO ADVETISE this request. Lansing motioned and Cheek 2nd. All ayes Approved. Ullrich motioned and Cheek 2nd to deny it from county general.
11. Coroner- $5,000 for autopsies. Negangard motioned, Lansing 2nd All ayes. Approved.
Commissioners $6700 for workers comp. Ullrich motioned and Kraus 2nd. All ayes. Approved.
Chamber of Commerce $25,000 contract signed by all of Council also. (Commissioners already signed.
12. Crowe Cizek making ANOTHER effort to collect money ($29,000) from the county on their cancelled consultant work. Their total would then come to $46,000. They were charging $56,000 originally and RQAW is doing work for $23,000 per Fehrman. [NOTE: Background history- RQAW was going to charge approximately $46,000 and REBATE THE STUDY MONEY, if they got the contract to do the engineering also. Commissioners allowed Lorie Howard to put it out to bid with no rebates and got the figure to the current $23,000.]
Council is NOT going to pay this additional request because the last time they paid them was to be the final payment.
13. Charlie will be negotiating for the County Extension Office rental space with Aurora in January.
Sound system was fixed by Cary and Lorie and the headsets work, so we are now ADA accessible again. There were still some issues at Plan Commission Monday night- but that may be due to 7 mics for 9 members and also the distance factor with all the plats on the front desks.
Software patch suggested by Gayle Pennington and hardware to cut down posting time for taxes will be installed for the treasurer to the tune of $11,000. $5,000 of this is hardware expense that would be needed anyway. The $6,000 is “extra” to speed things up. Auditor’s budget will pay for this. Cheek motioned and Kraus 2nd All ayes. Approved.
14. Vera Benning presented the 2 contracts for EMS services ($73,000) and fire services ($10,000) with Harrison to cover portions of Northeastern Dearborn County. She stated that Tracy McIntosh and Dino Schmaltz were upset that Harrison was getting all this money. She wanted to go with a per diem fee. Charlie stated that he “didn’t have a dog in this hunt.” He also stated that Bright had been offered the money and they refused to do the coverage. $80,000 –100,000 is budgeted for the EMS services in each of the townships. The $73,000 figure was in line. Trustee covers the fire portion. The three-year contract she was worried about has a 30-day notice cancellation clause, so Council had NO PROBLEM with the COMMISSIONERS entering into it. Negangard stated that it was “entirely up to the commissioners to decide this.” Vera and Charlie are both going to notify Lorie of this “decision.”
The IRS assessed a penalty because the taxes on over $100,000 of payroll were not paid the same day as required by law. Longevity put this figure over the $100,000 limit last month. Penalty is $2000. Negangard motioned and Ullrich 2nd to pay it. All ayes. Approved.
Penalty on the fuel taxes was worked out per Cary Pickens.
Minutes signed.
Meeting adjourned at 10:30 PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, November 23, 2004
22 November 2004 Dearborn County Plan Commission Notes
Present: Rick Pope, Acting Chair, Mike Hall, Patrick deMaynadier, Tarry Feiss, Roger Woodfill, Dan Batta, and Nick Held.
Absent: Mark Mitter (on vacation) Also Present: Arnie McGill, Attorney, Travis Miller, Planning Director, and Mark McCormack, Enforcement Officer.
Old Business to be Re-opened:
122 lot Stonebrook subdivision on 132.882 acres on Residentially zoned land on US 50 in Washington Township. Owner Gabbard Estates/ Ralph Meierjohan of Ameritek. Jeff Talker, PE, presented for the owner.
Public speaking: Kathy Holscher Dobbs, Ron Seaver, Jeff Wachnach (sp?), Sharon Benham, Ralph Thompson, and Dan Lyons. Issues centered on sewer availability, problems with Aurora Sewers and IDEM, County district not being up an running yet, drainage and environmental issues, property value considerations, rural character of adjoining properties, Case # 2004-1410-W Stacy Tucker investigator for IDEM on Aurora Sewage violations, potential sewer ban, master plan issues, issue of who gets first dibs on the sewer lines- the NEW development or the properties that are already in trouble.
Plan commission board discussed the need for a 2nd entrance onto US50, sewer commitments, bonding the plans, emergency access as a 2nd entrance so that INDOT will agree. (At this point Roger Woodfill asked for Jeff Talker’s PE license #102-00256. He was disturbed with INDOT’s Mark Brunner’s response to the entrances along US 50.)
Roger Woodfill made a motion to deny the subdivision that failed for lack of a 2nd.
Patrick deMaynadier motioned to give primary approval explicitly stating that no construction begins without IDEM approval of Aurora or the DCSD. There are to be no package plants. There is to be an emergency access to US 50 through Lot 121, geotech analysis, reduce the lots to 25 on Morgan’s Run cul de sac, granted a variance for Brookside circle and Fawn Hill Court, relocate basin #4 to the south, provide access easements to all detention basins, provide a bufferyard A to all lots on US 50, and no lots along US 50 can have direct access to US 50- they have to access through the subdivision street. Dan Batta 2nded. All ayes, except Roger Woodfill Nay.
New Business:
1. Terrill Acres- 2-lot subdivision, Manchester Township on 4.005 acres zoned Ag. Jeff Stenger presented for owner Michael Terrill. Lot is to be for family- mother moving next to daughter.
Public speaking: Lawrence Schuh who thought they needed to acres for septic there and didn’t understand why they couldn’t access Collier Ridge rather than SR 48.
Dan Batta motioned to approve with access to Collier Ridge Rod across from the driveway for lot B and a variance for a small lot in Ag to be used for residential resale and the access to a collector road. Septic approval is required prior to final plat. Roger Woodfill 2nd. All ayes- Passed.
2. Farm View Acres – 4-lot subdivision on Texas Gas Road in Clay Township on 19.834 acres zoned Ag
Owner Randall Le Duc – Archie Crouch presenting.
No public spoke on this.
Plan commission was concerned with the configuration of the lots and the size being less than 5 acres on 2 lots in Ag district. Archie Crouch stated they would do a 50-foot strip access to the lots even though it will be a shared driveway and not an actual road.
Dan Batta motioned to grant approval combining lots 1 and 2, combining driveways, granting an access easement to Geyers, and granting a variance on the frontage of one of the created lots.
Roger Woodfill 2nd. All ayes- Passed.
3. Golf Green Manor- replat for a 6-lot subdivision on 19.834 acres an Ag zoned land in Miller Township on Fairway Drive. Owner: Ralph Weis.
Roger Woodfill abstained and left the room.
Weiss stated this was primarily for tax purposes to separate the buildings, though the easements and access were quite convoluted.
Neighbors speaking: Ralph Hoffman, John King, and Sammy Gutzwiller. Issues with garbage pick/up, rats, maintenance, and lack of buffering were discussed. Fears that a new driveway and another building were going in also were brought up.
Patrick de Maynadier motioned to approve with restrictions that no access road would be built on lots 94 or 99, that 95 is a non buildable lot, flag lot variance, and provide documentation of a permanent easement for 94 an 95 across 98 and 99 to Fairway drive.
Nick Held 2nd. 3 ayes and 2 nays. Motion failed. No other motion was made so the application is effectively DENIED.
FIVE-MINUTE BREAK TILL 10:25 PM
4. Blossom Hill 142-lot subdivision Phase 1 on 101.87 acres in R zoned land in Miller Township. Owner Don Brandt and Ed Pope, Landhill Development. Applicant Joe Farrugia- Classics Properties.
Rick Pope Abstained and went to the hall (his father is Ed Pope)
Dan Batta was acting chair for this application.
This application has 141 single-family lots and a 24.14-acre condo site for future development plus a daycare and pool. Daycare and condo are to go to BZA if this single-family plat is approved. All of this is on the 101.87 acres with one access to Stateline Road and on a 3,550 ft cul de sac!
Traffic study wasn’t in packets and applicant provided an ABBREVIATED STUDY for the meeting. There is to be a HOA and architectural standards to control home types in the $180-300,000 range.
Public speaking: Sheila and Dennis Merk via fax letter, Sammy Gutzwiller, Judith Niemeyer, Debbie McQueen, Linda Mitchell, Jim Maupin, and Kelly ?? (The sound system was troublesome for several in the audience)
Issues discussed: VRUC lawsuit with Greendale alleging that Greendale is in their applied for territory from Stephens Rd North. (Sugar Ridge development), (Sammy Gutzwiller also stated that as a realtor she was not against this development), others wanted a fence around the lake, larger lots, child care center issues that close to Stateline, transportation figures were deemed inaccurate and inadequate, Stateline Rd has LOS E and is failing, it is only 18 ft wide and should be 20 ft. wide, single access road is unsafe, bordered on several sides by working farms, ridge runoff and erosion problems for farm land below, liability exposure with kids and farms, perimeter should have security fence, approximately 75 petitions presented and reminded of the nearly 1000 signatures they had at the last presentation of Blossom Hill several years ago, when TWO commissioners (Vera Benning and John Kyle) overturned the recommendation of the plan commission and rezoned this to R. School issues and stats on crowding of classrooms and scores decreasing, sports programs and aides being eliminated. Mr. Farruggia’s 19 lawsuits in the past 15 years in Hamilton County were submitted as evidence of the kind of business he runs (former partner (Ryan) in 2002 suit stated things like breach of contract and fiduciary issues with payments. (Batta questioned whether pending lawsuits should be considered, but the board decided to allow it)
Fire and EMS services were also discussed. Expenses to the taxpayer seemed to be a big issue and lack of services as the community stretches its budget to cover more and more residents.
After MUCH discussion from the plan commission, Roger Woodfill motioned to deny the application because of the cul de sac length violation of Section 305N, the density being too great for the infrastructure, the drawing had several errors in it on adjoiners, and there was no firm commitment from anyone on sewage.
All Ayes. Application DENIED.
Administrative:
Working session set up for December 8th at 7 PM, Christmas dinner December 10 at 7 PM. Annual Report to be presented to them this month.
Travis Miller asked their opinion on his requested letter to Strand Engineering, Inc. on the SR1 SR48 Connector. Many board members were unaware of the meeting last week on this for comments. Batta stated they were backing into it without a US 50 Corridor study, Hall stated it goes nowhere and doesn’t solve the problems; Woodfill said it shouldn’t be unlimited access. Other issues were that INDOT had road dollars left on the table and Strand wanted to spend them rather than send them back to the state and feds. (Lawrenceburg signed off to release the money under their name) Board recommended that Travis word his letter even stronger in its criticism.
Meeting adjourned at 12:20 AM