17 November 2009 Dearborn County Commissioners Meeting Notes

17 November 2009 Dearborn County Commissioners Meeting Notes

Present: Thompson, President, Orschell, and Hughes
Also present: Pickens, Auditor, and Witte, Attorney

OLD BUSINESS:

Hogan Water Corp remained tabled from 8/18/09

East Fork Road off SR1- Todd Listerman reported that Ed Cox from INDOT’s Seymour office said it would be reopened only if the safety issues were corrected. Listerman stated those would be too costly. He will report to Mr. Scharold and see if the parking lot could be created by the church for the Memorial Day ceremonies.

YES HOME lease was signed- for 25 years. It included a change regarding insurance of items the YES Home had added.

Happy Hollow- per Todd Listerman will be discussed at Dec 3 morning meeting for Commissioners.

J-cap grant application signature by Ralph Thompson was ratified by commissioners.

NEW BUSINESS:

Plan Commission- Mark McCormack presented the vacation of alleys and streets in the old town of Chesterville. This came from the Plan Commission with all six of the nine PC members voting for a favorable recommendation. Commissioners concurred and approved this- with no public wishing to speak on it at the public hearing.

Ron Stegman and Michelle Stegman along with 2 other neighbors addressed the commissioners regarding the closing of Kuebel Road. Stegmans lived there 33 years and stated that the closing with 2 days notice has impacted the people along the road. Gas costs for the increased mileage to drive an additional 50 miles a week (2400 miles a year) for their jobs etc. One of his neighbors just below him now is essentially an 8-mile drive away. EMS response issue for children and elderly on the road are issues. Road blockage from windstorm in the past- this was the only way out at the time. Shopping has shifted out of the county as it is easier than going all the way around.
Discussion with Listerman and commissioners included the bridge rating of zero on a scale of 100, costs to fix the bridge, and money issues for highway work and deteriorating bridges in general. Stegmans praised commissioners for their efforts and they will continue to look at options. This is the third bridge to close a road in the last 2 years. [NOTE: Highway funding is a big issue- in a growing county we keep adding subdivision road but we are not keeping up with the old ones we have. Ignoring this problem will only lead to a bigger one down the road, no pun intended. I foresee a tax increase or else Council will have to take a look at all the other expenses and see what can be cut.]

Highway Dept- Todd Listerman gave a 25-minute report:
1. Change order with no money involved was signed to clean up paperwork on Bells Branch Bridge.

2. North Dearborn agreement with INDOT was signed and is shelf ready in case anything opens up before 2013, when it is scheduled to start. This is an 80/20 project and Council has set aside the 20 %.

3. Yorkridge was awarded for resurface- the last of the stimulus money- set for the spring of 2010.

4. ITS cameras etc will be completed on I-275 by spring 2010. This is 100% fed funding.

5. Several new roads were accepted into the county road inventory for maintenance. Three Maxwell subdivisions and one Linkmeyer one. Commissioners approved the following:
HARLEY SPRINGS: EZ Way (0.65mi), Kboy ( 0.12 mi), Shadow ( 0.14 mil), and Heritage Trail 0.15 mi)
HARVEST RIDGE PHASE 1: This includes a bond on Harvest Ridge to stay in place for construction damage for Phase 2. Harvest Ridge West ( 0.02 mi), Winterberry Way ( 0.09 mi), and Hummingbird Court ( 0.15 mi)
CHAPPELLOW Ridge Road- added 100 ft for 0.02 mi
ROOKWOOD ESTATES: Rookwood Dr ( 0.61 mi), Rolling Rolling Ridge Court (0.03 mi), and Valley Ridge Court ( 0.09 mi)

6. Randall Avenue Property for Highway Dept etc. passed inspections on land and building. Building will be upgraded to garage, but that was in budget and known. Thompson will sign for the county at closing with Witte in attendance. [NOTE: There has been talk of using that site for the animal shelter as it has better access and visibility.]

7. INDOT Thurs- 1-5 PM open house in Seymour for highway projects 2010 - 2013 in the county and surrounding area. Listerman will attend. These can be viewed online also at INDOT site.

8. Box culvert installed on Trackville, pipe structure replaced on North Dearborn and also on Bonnell-(costs in the $10-30,000 range)

9. Zimmer Tractor had lowest of three quotes for loader at $35,795. Accepted. Other quotes were CAT and Smith from Rushville. Listerman noted the business was local- also a good thing.

10. Speed limits will be reassigned throughout the county with engineering studies to comply with state law. New school limits per the state code will be 30 mph. Ordinance including all signage and locations will be written when this is completed. Current state law allows 55 mph on state roads!

Pickens- Auditor- claims and minutes signed. He had also signed off on health plan renewal. Thompson noted some new insurance was required for scuba activities with EMA being a liability.

Witte- Attorney- no new litigation. One tort claim for a US 50 wreck- no problem.

Meeting with Tucker regarding Seldom Seen bond issues and roads set for this week.

Went over Bill Black's contracts for Homeland Security grants and a woman (Tracy Lightfield) hired as administrator who is NOT a salaried employee, but works out of her home for the district 9. All approved and signed. These are reimbursed to the county at 100% but Pickens said “the state is like STP- slow to pay”

Black also had this week declared as Winter Weather Preparedness Week. Proclamation signed.

Witte- also advised the Commissioners with appointments coming up that he and Sheldon Rox have a database of people who are willing to serve on boards etc to include more diversity.

Thompson said he will try to get the paper to announce the boards and positions open for appointments so people can submit their names and credentials.

Thompson- said Ch 19 answered their letter and they are willing to help once a month with pet adoptions. WSCH does also. Local rescues are being contacted and so are sources for food and supplies for freebies and lower rates.

LATE ARRIVAL: Mr. Turner of Main St Property Group- the real estate group handling the multi-tiered living site for the nursing home, assisted, and memory care units along SR 48 by the hospital presented their stats including 150 jobs and 4.5 million payroll in Phase 1 and 35-50 jobs and $2 million payroll in Phase 2. Their attorney (Jeremy ??) and Rich Starkey of Barnes and Thornburgh worked through DCEDI etc to get financing set up.
They have a NEW POSSIBILITY under the stimulus act for tax-exempt bonds as they can qualify as a RECOVERY ZONE FACILITY- for anyone that faced an economic hardship. They normally do not qualify for tax-exempt status as a private entity. They need an additional $2.7 million to finish the project and want to seek that in bonds. He claims this does NOT impact any debt limits the county has. [NOTE: If not- why not go through Lawrenceburg- most of the project is in city limits and the rest will be annexed after the 2010 census is completed. Did Lawrenceburg say no? Lawrenceburg already helped finance the excavation of that site as there was a LARGE amount of earth to be moved.]

Main Street Propert Group also wants the county to consider making this a TIF district so they can use the increased tax revenue (over and above the current revenue only) to help pay off the bonds. [NOTE: Again- why isn’t Lawrenceburg doing that- it is going to be mostly their district and revenue. This also hurts the local schools, library, EMS funds, etc.]
Pickens said- you are basically paying yourselves. Answer- YES. A private organization- Main Street Real Estate Management will get this. [NOTE: What about the other local nursing homes and assisted living along SR 48. There was a new one proposed across from Sunrise Estates also on SR 48. Is it fair or even desirable to help one private entity in competition with others in the area? This is a good project- but we have to be careful about mixing public interests with private companies, especially ones with this many local competitors.]

Next step is to get more info to commissioners on this. DCEDI consultant Jim Kinnett accompanied Main Street to this meeting. For info on Main Street see http://www.mainstreetcap.net/news.asp?pageview=wallstreet


PUBLIC COMMENT:
Phil Darling asked about how to get legislature to take the $85 million from state police that comes out of highway funds. AIC and others have lobbied for this per Pickens- to no avail. They did ask him to add his voice to their – the more squeaky wheels- the more chance of change. Aging infrastructure issues abound all over the country- funding needs to be sought. [NOTE- Now that is what a tax-exempt bond would be better used for!]

Meeting adjourned at 9:15 PM

Christine Brauer Mueller
Lawrenceburg Township

DRAFT AGENDA COMMISSIONER'S MEETING 17 NOV 2009

AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
November 17, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana


I. PLEDGE OF ALLEGIANCE

II. CALL TO ORDER

III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. YES Home Lease – tabled from 9/1/09
4. Happy Hollow Rd. – tabled from 10/06/09



IV. NEW BUSINESS
1. Planning and Zoning
Vacate streets and alleys within Town of Chesterville

2. Ron Stegman – Kuebel Rd. closing



V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
2. North Dearborn Rd. agreement
3. Harley Springs Subdivision acceptance
4. Harvest Ridge Phase 1 acceptance
5. Chappelow Ridge Extension acceptance
6. Rockwood Subdivision acceptance

VI. AUDITOR - Cary Pickens
1. Claims/Minutes

VII. ATTORNEY

VIII. COMMISSIONER – Jeff Hughes

IX. COMMISSIONER – Tom Orschell

X. COMMISSIONER – Ralph Thompson, Jr.

XI. LATE ARRIVAL INFORMATION

XII. PUBLIC COMMENT

XIII. ADJOURN

Dearborn County Sewer Board PUBLIC HEARING- Includes HOOK-UPS within 300 ft

SEE RED TEXT FOR SEPTIC TANK OWNERS ( you will need to scroll to 3 separate sections of this proposed ordinance)

NOTICE OF PUBLIC HEARING
The Dearborn County Regional Sewer District will conduct a public hearing on Thursday, November 19, 2009, at 5:00 p.m. to consider adoption of the following ordinance. The hearing will be held on the Commissioners Room of the Dearborn County Administration Building at 215B West High Street, Lawrenceburg, Indiana.
DEARBORN COUNTY REGIONAL SEWER DISTRICT ORDINANCE 2009-2
An Ordinance adopting a Code of Regulations by the Dearborn County Regional Sewer District (“the District’); WHEREAS, the District is in need of a Code of Regulations for the following purposes: (1) Protect and preserve the works, improvements, and properties owned or controlled by the district, prescribe the manner of use by any person, and preserve order in and adjacent to the works. (2) Prescribe the manner: (A) in which ditches, sewers, pipelines, or other works should be adjusted to or connected with the works of th e district; and
(B) of waste disposal in the district. (3) Prescribe the permissible uses of the water supply and the manner of distribution and prevent
the pollution or unnecessary waste of the water supply. (4) Prohibit or regulate the discharge into the
sewers of the district of liquid or solid waste detrimental to the works and improvements.
NOW, THEREFORE, BE IT ORDAINED BY the District that the following Code of Regulations
are hereby adopted:
RULES AND REGULATIONS
General Provisions
50.001 Definitions
50.002 Depositing objectionable waste prohibited
50.003 Discharging storm water, unpolluted waters and the like
50.004 Depositing wastewater in unsanitary manner within Regional Sewer District
50.005 Discharge of untreated sewage or other polluted wastes to natural outlets
50.006 Privies, septic tanks and other facilities.
50.007 Owner’s responsibility to install suitable toilet facilities.
50.008 Tampering with or damaging Regional Sewer District equipment
50.009 Right of entry for purpose of inspection; indemnification; easements on private property
50.010 Appeal procedure Private Sewage Disposal System
50.025 Connecting building sewer to private sewage disposal
50.031 Noninterference with additional requirements
Building Sewers and Connections
50.045 Connection permit required
50.046 Building sewer permits; permit and inspection fee
50.047 Costs and expenses of installation and connection of building sewer; indemnification
50.048 Separate building sewer provided for every building
50.049 Use of old building sewers with new buildings
50.050 Size, slope and alignment; conformance to building and plumbing code or other applicable regulations
50.051 Elevation of building sewers
50.052 Sources of surface runoff or groundwater
50.053 Connection of building sewer into public sewer, conformance
50.054 Inspection of connection to public sewer
50.055 Excavations
Use of Public Sewers
50.065 Prohibited discharges to public sewer
50.066 Pretreatment, equalization of waste flows
50.067 Preliminary treatment facilities
50.068 Control manholes; measurements, tests and analyses
50.069 Industrial wastes; special agreement
50.070 Discharge of waters from air conditions, cooling, condensing systems or swimming pools.
Pretreatment Requirements
50.080 Compliance with rules and regulations
50.081 Pretreatment or control facilities
50.082 Pretreatment of waters polluted with insoluble oils, grease or suspended solids
50.083 Users to supply information on sewage flow and characteristics
50.084 Determination of strength of sewage through sampling and analysis
50.085 Grease, oil and sand interceptors
50.086 Accidental discharges; notification to Regional Sewer District
50.087 Compliance with state or federal requirements
GENERAL PROVISIONS
§50.001 DEFINITIONS.
For the purpose of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BIOCHEMICAL OXYGEN DEMAND (or BOD).
The quantity of oxygen expressed in mg/l utilized in the biochemical oxidation of organic matter under standard laboratory procedures with nitrification inhibition in five at 20°C.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning five feet outside the building wall.
(1) SANITARY BUILDING DRAIN. A building drain which conveys sanitary or industrial sewage only.
(2) STORM BUILDING DRAIN. A building drain which conveys storm water or other clearwater drainage, but no wastewater.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. (Also called house connection.)
(1) SANITARY BUILDING SEWER. A building sewer which conveys sanitary or industrial sewage only.
(2) STORM BUILDING SEWER. A building sewer which conveys storm-waste or other clearwater drainage, but no sanitary or industrial sewage.
CODE. The Code of Regulations of the Regional Sewer District.
COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial.
Examples of the additional pollutants which may be considered compatible include:
(1) Chemical oxygen demand,
(2) Total organic carbon,
(3) Phosphorus and phosphorus compounds,
(4) Nitrogen and nitrogen compounds, and
(5) Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of
the treatment works).
DIRECTOR OR REGIONAL SEWER DISTRICT.
The Director of Sewers of the Regional Sewer District, or his or her authorized deputy, agent or representative.
DISTRICT. Dearborn County’s unincorporated areas currently unserved by a municipal provider or by the current boundaries of the South Dearborn Regional Sewer District.
EASEMENT. An acquired legal right for the specific use of land owned by others.
FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
FLOATABLE OIL. Oil, fat or grease in a physical state such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the Regional Sewer District.
GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage
and sale of produce.
INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids.
INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade or business as distinct from employee wastes or wastes from sanitary conveniences.
iNFILTRATION. The water entering a sewer system, (including building drains and sewers), from the ground, through defects in the system such as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (Infiltration does not include and is distinguished from inflow.)
INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW.The water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash
waters or drainage. (Inflow does not include, and is distinguished from, infiltration.)
INSPECTOR. The person or persons duly authorized by the Regional Sewer District, through its Common Council, to inspect and
approve the installation of building sewers and their connection to the public sewer system.
MAJOR CONTRIBUTING INDUSTRY. AN INDUSTRY
THAT:
(1) Has a flow of 50,000 gallons or more per average work day;
(2) Has a flow greater than 5% of the flow carried by the Regional Sewer District system receiving the waste;
(3) Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under
33 USC 1317(a); or
(4) Has a significant impact, either single or in combination with other contributing industries, on a treatment works or on the quality of effluent from that treatment works.
NPDES PERMIT. A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to 33 USC 1342.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
NH3N. The same as Ammonia Nitrogen measured as Nitrogen. The laboratory determinations shall be made in accordance with procedures
set forth in “Standard Methods” as defined in the definition of SLUG.
NORMAL DOMESTIC SEWAGE. The same meaning as defined in § 50.100.
P or PHOSPHOROUS. The chemical element Phosphorous pH. The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution.
PERSON. Any individual, firm, company, association, society, corporation, group or other entity.
PRETREATMENT. The treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.
PRIVATE SEWER. A sewer which is not owned by a public authority.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to such
a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater 1/2 inch in any dimension.
PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments:
(1) COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
(2) FORCE MAIN. A pipe in which wastewater is carried under pressure.
(3) PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
REGIONAL SEWER DISTRICT. The Dearborn County Regional Sewer District as forms by Order of the Indiana Department of Environmental Management on November 17, 2003 and governed by its Board of Directors.
SANITARY SEWER. A sewer which carries sanitary and industrial wastes and to which storm, surface and ground water are not intentionally admitted.
SEWAGE. The combination of liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions,
(including polluted cooling water). The three most commonly types of sewage are:
(1) COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.
(2) INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).
(3) SANITARY SEWAGE. The combination of liquid and water-carried wastes discharged from toilets and other sanitary plumbing facilities.
SEWAGE WORKS. The structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of
the effluent and accumulated residual solids.
SEWER. A pipe or conduit for carrying sewage.
SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than ten minutes more than three times the average 24 hours concentration of flows during normal operation and shall
adversely affect the collection system.
STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the
Examination of Water Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORM SEWER. A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial
wastes are not intentionally admitted.
SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids and which are
removable by laboratory filtering under standard laboratory procedure.
TOTAL SOLIDS. The sum of suspended and dissolved solids.
TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to 33 USC 13 17(a).
UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 55°C for 15 to 20 minutes.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
§ 50.002 DEPOSITING OBJECTIONABLE WASTE PROHIBITED.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within
the Regional Sewer District or in any area under the jurisdiction of the Regional Sewer District any human or animal excrement,garbage or other objectionable waste.
§ 50.003 DISCHARGING STORMWATER, UNPOLLUTED WATERS AND THE LIKE.
(A) No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly, storm waters, surface water, or
unpolluted industrial process water. The Regional Sewer District shall require the removal of unpolluted waters from any wastewater collection or treatment facility.
(B) Storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. NO person shall uses such
sewers, however, without the specific written permission of the Regional Sewer District. No new connection shall be made to any sanitary
or storm sewer unless there is capacity available in all downstream sewers, lift stations, force mains and the sewage treatment plant,
including capacity for BOD and suspended solids.
§ 50.004 DEPOSITING WASTEWATER IN UNSANITARY MANNER WITHIN REGIONAL SEWER DISTRICT.
No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the Regional Sewer District any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this Code and the NPDES permit.
§ 50.005 DISCHARGE OF UNTREATED SEWAGE OR OTHER POLLUTED WASTES TO NATURAL OUTLETS.
No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this Code and the NPDES permit.
§ 50.006 PRIVIES, SEPTIC TANKS AND OTHER FACILITIES.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
§ 50.007 OWNER’S RESPONSIBILITY TO INSTALL SUITABLE TOILET FACILITIES.
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, which is not connected to an approved sanitary sewage disposal system, situated within the Regional Sewer District and abutting on any street, alley or right-of-way in which there is not located a public sanitary sewer of the Regional Sewer District is required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Code, within 90 days after date of official notice to do so, provided that the public sewer is within 300 feet of the property line. Within the District, where public sewers are available and located within 300 feet of a property owner’s property line, the owners of all new
dwellings or buildings used for human occupancy, employment, recreation or other purposes, shall install, at their expense, such facilities
necessary to connect to the sanitary sewer of the District. As a condition of connection to a public sewer, the owner(s) shall grant a right of access easement to the building sewer to the Regional Sewer District for the purpose of repair and inspection.
§ 50.008 TAMPERING WITH OR DAMAGING REGIONAL SEWER DISTRICT EQUIPMENT.
No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Regional Sewer District sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
§ 50.009 RIGHT OF ENTRY FOR PURPOSE OF INSPECTION; INDEMNIFICATIONS; EASEMENTS ON PRIVATE PROPERTY.
(A) The Director of the Regional Sewer District, Inspector and other duly authorized employees and/or agents of the Regional Sewer District bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Code. The Director of the Regional Sewer District or his or her representative of this Code. The Director of the Regional Sewer District or his or her representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers, waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to in division (A) above, the Director of the Regional Sewer District or duly authorized employees and/or agents of the Regional Sewer District shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Regional Sewer District employees
and/or agents, and the Regional Sewer District employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operations, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 50.068(B).
(C) The Director of the Regional Sewer District and other duly authorized employees and/or agents of the Regional Sewer District bearing proper credentials and identification shall be permitted to enter all private properties through which the Regional Sewer District holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within that easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property
involved.
§ 50.010 APPEAL PROCEDURE
The rules and regulations promulgated by the Regional Sewer District, shall, among other things, provide for an appeal procedure whereby a user shall have the right to appeal a decision of the Director of the Regional Sewer District concerning sewage system of the
Board of the Regional Sewer District may be appealed to a court of competent jurisdiction under the appeal procedures provided for in the
Indiana Administrative Adjudication Act.
PRIVATE SEWAGE DISPOSAL SYSTEM
§ 50.025 CONNECTING BUILDING SEWER TO PRIVATE SEWAGE DISPOSAL.
Where a public sanitary sewer is not availableunder the provisions of § 50.006(B), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subCode, the building sewer shall be connected to a private sewer disposal system complying with the provisions of the Code of Ordinances of Dearborn County and the State Board of Health.
§ 50.031 NONINTERFERENCE WITH ADDITIONAL REQUIREMENTS
No statement contained in this Code shall be construed to interfere with nay additional requirements that may be imposed by the
Dearborn County Health Officer.
BUILDING SEWERS AND CONNECTIONS
§ 50.045 CONNECTION PERMIT REQUIRED.
No unauthorized person shall uncover, make any connections with or opening into, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Regional Sewer District.
§ 50.046 BUILDING SEWER PERMITS; PERMIT
AND INSPECTION FEE.
(A) (1) There shall be two classes of building
sewer permits:
(a) For residential and commercial service,
and
(b) For service to establishments producing
industrial wastes.
(2) In either case, the owner or his or her agent
shall make application on a special form furnished
by the Regional Sewer District. The permit
application shall be supplemented by any
plans, specifications or other information considered
pertinent in the judgment of the
Inspector.
(B) A permit and inspection fee of $________
for residential or commercial building sewer
permit and $_________ for an industrial building
sewer permit shall be paid to the Regional
Sewer District at the time the application is
filed. The inspection shall take place during
normal regular working hours.
§ 50.047 COSTS AND EXPENSES OF INSTALLATION
AND CONNECTION OF BUILDING
SEWER, INDEMNIFICATION.
All costs and expenses incident to the installation
and connection of the building sewer
shall be borne by the owner(s). The owner(s)
shall indemnify the Regional Sewer District
from any loss or damage that may directly or
indirectly be occasioned by the installation of
the building sewer.
§ 50.048 SEPARATE BUILDING SEWER PROVIDED
FOR EVERY BUILDING.
A separate and independent building sewer
shall be provided for every building; except
where one building stands at the rear of another
on an interior lot and no private sewer is
available or can be constructed to the rear
building through an adjoining alley, courtyard
or driveway, the building sewer from the front
building may be extended to the rear building
and the whole considered as one building
sewer.
§ 50.049 USE OF OLD BUILDING SEWERS
WITH NEW BUILDINGS.
Old building sewers may be used in connection
with new buildings only when they are
found, on examination and test by the
Inspector, to meet all requirements of this
Code.
§ 50.050 SIZE, SLOPE AND ALIGNMENT; CONFORMANCE
TO BUILDING AND PLUMBING
CODE OR OTHER APPLICABLE REGULATIONS.
The size, slope, alignment, materials of construction
of a building sewer and the methods
to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench shall
all conform to the requirements of the Code of
Ordinances of Dearborn County and/or its rules
and regulations or other applicable rules and
regulations of the Regional Sewer District. In
the absence of code provisions or in amplification
thereof, the materials and procedures set
forth in appropriate specifications of the
A.S.T.M. and S.P.C.F. Manual of Practice No. FD-
9 shall apply.
§ 50.051 ELEVATION OF BUILDING SEWERS.
Whenever possible, the building sewer shall
be brought to the building at an elevation below
the basement floor. In all buildings in which any
building drain is too low to permit gravity flow
to the public sewer, sanitary sewer carried by
such building drain shall be lifted by an
approved means and discharged to the building
sewer.
§ 50.052 SOURCES OF SURFACE RUNOFF OR
GROUNDWATER.
No person(s) shall make connection of roof
downspouts, exterior foundation drains,
areaway drains or other sources of surface
runoff or ground water to a building sewer or
building drain which in turn is connected
directly or indirectly to a public sanitary sewer.
§ 50.053 CONNECTION OF BUILDING SEWER
INTO PUBLIC SEWER; CONFORMANCE.
The connection of the building sewer into the
public sewer shall conform to the requirements
of the Code or Ordinances of Dearborn County
and/or its rules and regulations or other applicable
rules and regulations of the Regional
Sewer District or the procedures set forth in
appropriate specifications of the A.S.T.M. and
the S.P.C.F. Manual of Practice in No. FD-9. All
such connections shall be made gas tight and
water tight. Any deviation from the prescribed
procedures and materials must be approved by
the Director of the Regional Sewer District
before installations.
§ 50.054 INSPECTION OF CONNECTION TO
PUBLIC SEWER.
The applicant for the building sewer permit
shall notify the Inspector when the building
sewer is ready for inspection and connection to
the public sewer. The connection and testing
shall be made under the supervision of the
Inspector or his or her representative. The
applicant shall provide access to all structures
(and areas of structures) to the Inspector for
the purpose of establishing compliance with
this Code.
§ 50.055 EXCAVATIONS.
All excavations for building sewer installation
shall be adequately guarded with barricades
and lights so as to protect the public from hazard.
Streets, sidewalks, parkways and other
public property disturbed in the course of the
work shall be restored in a manner satisfactory
to the Regional Sewer District.
USE OF PUBLIC SEWERS
§ 50.065 PROHIBITED DISCHARGES TO PUBLIC
SEWER.
No person shall discharge or cause to be discharged
any of the following described waters
or wastes to any public sewers:
(A) Any gasoline, benzene, naphtha, fuel oil or
other flammable or explosive liquid, solid or
gas.
(B) Any waters or wastes containing toxic (as
described in Section 307A of the Clean Water
Act) or poisonous solids, liquids or gases in
sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with
any sewage treatment process, constitute a
hazard to humans or animals, create a pubic
nuisance, or create any hazard in the receiving
waters of the sewage treatment plant.
(C) Any waters or wastes having a pH lower
than 5.5 or having any other corrosive property
capable of causing damage or hazard to structures,
equipment and personnel of the sewage
works or interfere with any treatment process.
(D) Solid or viscous substances in quantities
or of such size capable of causing obstruction
to the flow in sewers or other interference with
the proper operation of the sewage works such
as, but not limited to, ashes, cinders, sand,
mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings,
entrails, paper, dishes, cups, milk containers
and the like, either whole or ground by
garbage grinders.
(E) Any waters or wastes containing phenols
or other taste or order producing substances,
in such concentrations exceeding limits which
may be established by the Director of the
Regional Sewer District as necessary, after
treatment of the composite sewage, to meet the
requirements of the state, federal or other public
agencies of jurisdiction of such discharge to
the receiving waters.
(F) Any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits
established by the Director of The Regional
Sewer District in compliance with applicable
state or federal regulations.
(G) Any waters or wastes having pH in excess
of 9.5.
(H) Materials which exert or cause:
(1) Unusual concentrations of inert suspended
solids (such as, but not limited to, Fullers earth,
lime slurries, and lime residues) or of dissolved
solids (such as, but not limited to, sodium chloride
and sodium sulfate).
(2) Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning
solutions).
(3) Unusual BOD, chemical oxygen demand or
chlorine requirements in such quantities as to
constitute a significant load on the sewage
treatment works.
(4) Unusual volume of flow or concentration of
wastes constituting “slugs” as defined in §
50.001.
(1) Waters or wastes containing substances
which are not amendable to treatment or reduction
by the sewage treatment processes
employed, or are amendable to treatment only
to such degree that the sewage treatment effluent
cannot meet the requirements of other
agencies having jurisdiction over discharge to
the receiving waters.
§ 50.066 PRETREATMENT, EQUALIZATION OF
WASTE FLOWS.
(A) If any waters or wastes are discharged, or
are proposed to be discharged, to the public
sewers, which waters contain the substances
or possess the characteristics enumerated in §
50.065, and which in judgment of the Director of
the Regional Sewer District may have a deleterious
effect upon the sewage works, processes,
equipment or receiving waters, or which otherwise
create a hazard to life or constitute a public
nuisance, the Director of the Regional Sewer
District may:
(1) Require new industries (or other large
users) or industries (or other large users) with
significant increases in discharges to submit
information on wastewater quantities and characteristics
and obtain prior approval for discharges.
(2) Reject the wastes in whole or in part for
any reason deemed appropriate by the
Regional Sewer District,
(3) Require pretreatment of such wastes to
within the limits of normal sewage as defined,
(4) Require control or flow equalization of
such wastes so as to avoid any “slug” loads or
excessive loads that may be harmful to the
treatment works, or
(5) Require payment of a surcharge on any
excessive flows or loadings discharged to the
treatment works to cover the additional costs of
having capacity for and treating such wastes.
(B) If the Director of the Regional Sewer
District permits the pretreatment or equalization
of waste flows, the design and installation
of the plant and equipment shall be subject to
the review and approval of the Director of the
Regional Sewer District and subject to the
requirements of all applicable codes, ordinances
and laws.
§ 50.067 PRELIMINARY TREATMENT FACILITIES.
Where preliminary treatment or flow-equalizing
facilities are provided for any waters or
wastes, they shall be maintained continuously
in satisfactory and effective operation by the
owner at his or her expense.
§ 50.068 CONTROL MANHOLE; MEASUREMENTS,
TESTS AND ANALYSES.
(A) When required by the Director of the
Regional Sewer District, the owner of any property
services by a building sewer carrying
industrial wastes shall install a suitable control
manhole together with such necessary meters
and other appurtenances in the building sewer
to facilitate observation, sampling and safely
located, and shall be constructed in accordance
with plans approved by the Director of
the Regional Sewer District. The manhole shall
be installed by the owner at his or her expense
and shall be maintained so as to be safe and
accessible at all times. Agents of the Regional
Sewer District, the state water pollution control
agencies and the U.S. Environmental
Protection Agency shall be permitted to enter
all properties for the purpose of inspection,
observation, measurement, sampling and testing.
(B) All measurements, tests and analyses of
the characteristics of waters and wastes to
which reference is made in this Code shall be
determined in accordance with the latest edition
of “Standard Methods of the Examination
of Water and Wastewater,” published by the
American Public Health Association and shall
be determined at the control manhole provided,
or upon suitable samples taken at the control
manhole, except for applications for
NPDES permits and report thereof which shall
be conducted in accordance with rules and
regulations adopted by the USEPA (40 CFR
136). In the event that no special manhole has
been required, the control manhole shall be
considered to be the nearest downstream manhole
in the public sewer to the point at which
the building sewer is connected. Sampling
shall be carried out by customarily accepted
methods to reflect the effect of constituents
upon the sewage works and to determine the
existence of hazards to life, limb and property.
The particular analyses involved will determine
whether a 24 hour composite of all outfalls of a
premises is appropriate or whether a grab
sample or samples should be taken. Normally,
but not always, BOD and suspended solids
analyses are obtained from 24 hour composites
of all outfalls, whereas pH’s are determined
from periodic grab samples.
§ 50.069 INDUSTRIAL WASTES; SPECIAL
AGREEMENT.
No statement contained in this Code shall be
construed as preventing any special agreement
or arrangement between the Regional
Sewer District and any industrial concern
whereby an industrial waste of unusual
strength or character may be accepted by the
Regional Sewer District for treatment, subject
to payment therefore, by the industrial concern,
at such rates as are compatible with §§
50.100 et seq.
§ 50.070 DISCHARGE OF WATERS FROM AIR
CONDITIONERS, COOLING, CONDENSING
SYSTEMS OR SWIMMING POOLS.
Unpolluted water from air conditioners, cooling,
condensing systems or swimming pools
shall be discharged to a storm water, where it
is available, or to a combined sewer approved
by the Regional Sewer District. Where a storm
sewer is not available, discharge may be to a
natural outlet approved by the Regional Sewer
District and by the state. Where a storm sewer,
combined sewer or natural sewer is not available,
such unpolluted water may be discharged
to a sanitary sewer pending written approval
by the Regional Sewer District.
PRETREATMENT REQUIREMENTS
§ 50.080 COMPLIANCE WITH RULES AND
REGULATIONS.
Pretreatment of industrial wastes from major
contributing industries prior to discharge to
the treatment works is required and is subject
to the rules and regulations adopted by the
United States Environmental Protection
Agency (USEPA) (40 CFR 403) and “Guidelines
Establishing Test Procedures for Analysis of
Pollutants” (40 CFR 136), in addition to any
more stringent requirements established by
the Regional Sewer District and any subsequent
state or federal guidelines and rules and
regulations.
§ 50.081 PRETREATMENT OR CONTROL
FACILITIES.
Plans, specifications and any other pertinent
information relating to pretreatment or control
facilities shall be submitted for approval of the
Regional Sewer District, and no construction
of such facilities shall be commenced until
approval in writing is granted. Where such
facilities are provided, they shall be maintained
continuously in satisfactory and effective
operating order by the owner at his or her
expense and shall be subject to periodic
inspection by the Regional Sewer District to
determine that such facilities are being operated
in conformance with applicable federal,
state and local laws and permits. The owner
shall maintain operating records and shall submit
to the Regional Sewer District a monthly
summary report of the character of the influent
and effluent to show the performance of the
treatment facilities and for comparison against
Regional Sewer District monitoring records.
§ 50.082 PRETREATMENT OF WATERS POLLUTED
WITH INSOLUBLE OILS, GREASE OR
SUSPENDED SOLIDS.
Industrial cooling water, which may be polluted
with insoluble oils or grease or suspended,
solids, shall be pretreated for removal of pollutants
and the resultant clear water shall be discharged
in accordance with this Code.
§ 50.083 USERS TO SUPPLY INFORMATION
ON SEWAGE FLOW AND CHARACTERISTICS.
The Regional Sewer District may require
users of the treatment works, other than residential
users, to supply pertinent information
on wastewater flows and characteristics. Such
measurements, tests and analysis shall be
made at the users’ expenses. If made by the
Regional Sewer District, an appropriate charge
may be assessed to the user at the option of he
Regional Sewer District.
§ 50.084 DETERMINATION OF STRENGTH OF
SEWAGE THROUGH SAMPLING AND ANALYSIS.
The strength of wastewaters shall be determined,
for periodic establishment of charges
provided for in this Code from samples taken
at the aforementioned structure at any period
of time and of such duration and in such manner
as the Director of the Regional Sewer
District may elect, or, at any place mutually
agreed upon between the user and the Director
of the Regional Sewer District. Appropriate
charges for sampling and analysis may be
assessed to the user at the option of the
Director of the Regional Sewer District. The
results of routine sampling and analysis by the
user may also be used for determination of
charges after verification by the Director of the
Regional Sewer District.
§ 50.085 GREASE, OIL AND SAND INTERCEPTORS.
Grease, oil and sand interceptors or traps
shall be provided when, in the opinion of the
Director of the Regional Sewer District, they
are necessary for the proper handling of liquid
wastes containing grease in excessive
amounts, or any flammable wastes, sand and
other harmful ingredients, except th at such
interceptors or traps will not be required for
private living quarters or dwelling units. All
interceptors or traps shall be of a type and
capacity approved by the Director of the
Regional Sewer District and shall be located so
as to be readily and easily accessible for cleaning
and inspection. They shall be construed of
impervious materials capable of withstanding
abrupt and extreme changes in temperatures
and shall be of substantial construction, be
gastight, water tight and equipped with easily
removable covers. Where installed, all grease,
oil and sand interceptors or traps shall be
maintained by the owner, at his or her expense,
in continuously efficient operation at all times.
§50.086 ACCIDENTAL DISCHARGES; NOTIFICATION
TO REGIONAL SEWER DISTRICT.
Users of the treatment works shall immediately
notify the Regional Sewer District of any
unusual flows or wastes that are discharged
accidentally or otherwise to the sewer system.
§ 50.087 COMPLIANCE WITH STATE OR FEDERAL
REQUIREMENTS.
All provisions of this Code and limits set
herein shall comply with any applicable state
and/or federal requirements now or projected
to be in effect.
Presented by me to the President of said
Board on this _______ day of
_______________, 2009.
Secretary
Signed and approved by me, as President of
the Dearborn County Regional Sewer District,
on this ______ day of __________________,
2009.
President
ATTEST:
Secretary
C-10-20-JP-2t

3 November 2009 Dearborn County Commissioners Meeting Notes

3 November 2009 Dearborn County Commissioners Meeting Notes

Present: Thompson, President, Orschell, and Hughes
Also present: Pickens, Auditor, and Witte, Attorney

The Med Ben appeal # 2009-2 discussed in Executive session was denied at the meeting- all ayes.

OLD BUSINESS:

Hogan Water Corp- remained tabled

East Fork Road- remained tabled

YES HOME lease remains tabled- though Witte noted the YES Home attorney had the revised lease for review.

Happy Hollow Road remains tabled

SRI Tax certificate sale was approved with Orschell and Thompson voting aye and Hughes Nay. Hughes wanted to hand pick properties with homes out of the list. There are $324,000 in back taxes on this list. Pickens noted that they were given opportunities to set up payment plans even and have not done it. McGill reviewed the contract from last meeting and the commissioners decided to do an auction at the county bldg- NOT online- to have more control, per Pickens.

NEW BUSINESS:

Gary Hensley Assessor- was approved to get bids for a 2-yr contract on trending and new construction. He will return with bids for approval of a contract.

Steve Ott and Judy Schlather of McGohan Brabender- gave a brief overview of their services and left material with commissioners. They want to bid on procuring and managing employee benefits- not property casualty and liability. (Pinnacle Advisory is doing this job now) Commissioners took it under advisement and Ott will call them in 2 weeks.

PAWS- Spay and Neuter Program- Sandy Carley presented a change in PAWS policy. They will keep the cat program as usual spay and neuter 3-4/week and have them up for adoption at Petsmart on Colerain. Dogs will be spayed and neutered after adoption to avoid spending money on dogs that may have to be euthanized. PAWS will do follow up calls after adoptions to be sure the dogs are spay/neutered. They will start this next week and will communicate with Marlene at the shelter. Commissioners were in agreement with this- as it avoids wasting PAWS grant money from the DC Foundation. Sandy Carley also offered PAWS help at any time with winterizing kennels and asked for her 10x10 one back if they decide to disassemble them. Commissioners plan to use 3 -4 for overflow emergency thru the winter and only open up the outer ones in the warmer months as needed. Orschell said a spay neuter requirement is needed in the county to keep this population down. He thanked PAWS for their work and he noted that the media over a week ago actually helped with increased adoptions. (30)

BJ Ault- Solid Waste Recycling Center- received approval for Sunday November 15 being proclaimed America Recycle Day. Ault noted we have 217 tons of municipal trash and 4.5 lbs per day per person. Commissioners signed the proclamation to increase awareness of reducing waste, reuse, and recycling. The Theme is “It All Comes Back To You.” Commissioners are also looking to go to council for help with increased tire recycling costs from the community corrections clean-ups. That will be in January for 2010.

Highway Dept- Todd Listerman- gave a 35-minute update (perhaps making up for 0 minutes last meeting!)

1. Seven Scour susceptible bridges (flooding producing damage to certain bridge structures) are being set up by American Structurepoint and will be turned in by Nov 6. This scour portion is reimbursed 80/20 by the FEDS. The total is $9854.11. Approved.

2. Collier Ridge slip is completed with only 2 change orders- approved today for $970 and $1008.11.

3. Bells Branch is completed and letters of thanks were signed by commissioners.

4. INDOT let the final contract for Yorkridge with O’Mara. Stimulus funding on this. It will start next spring

5. Stimulus on Old US 52 completed as well.

6. North Dearborn and North Hogan chips seal will move to next year for weather considerations.

7. Artemis bid is due Nov 4. We pay $85,000 to be reimbursed at 100% by federal funds.

8. Inspections on Randall Avenue property are passed, including environmental and the building.
9. Metal Bridge on Collier Ridge waiting on weather to complete.

10. Kuebel Road issues on the hill below Stegman property and the bridge, which is rated 0.0 out of 100 and unsafe. County wants to close that part of the road and not maintain it. After much discussion- they decided on a temporary closure now and will talk to the residents. Supposedly they all have other access. There is not enough bridge funding to redo this bridge for the 20 trips per day over it.

11. Tucker’s roads in Seldom Seen are the ONLY ones with an EXISTING developer that have not been brought to county standards (County is asking for the standards existing at the time they were built) Witte talked to Tucker’s attorney and they are waiting for a response. In the meantime the residents are on roads that are NOT accepted into the county list for maintenance ( including snow removal)

12. Linkmeyer and Maxwell have brought their roads in Rookwood, Harley Springs, Chappellow Ridge, and Harvest Ridge I to specs and will be coming to commissioners soon for acceptance into the county road list for maintenance.

Pickens- Claims and minutes – were NOT reviewed by Hughes. Orschell and Thompson passed the claims. Several minutes were tabled for Hughes to review including the Sept 29 ones that were tabled a 2nd time for his review. No excuse was given for his inability to get that job done.

Witte- Attorney- said most of his items were addressed throughout the meeting including Seldom Seen and Kuebel Road. There were no new tort claims in the last 30 days. The Donaldson Property on Willoughby Road goes to trial Jan 14th. He will have the Chesterville street vacation ready for next meeting. Witte quipped that Chesterville has not developed into the metropolis it was supposed to become. He still has the ROW access for Cole Lane and DNR and as a final comment he advised commissioners that they do NOT have to sign grant applications, even when pressed to by a judge. The one presented on Friday as being required that day did not have to be signed. Judges can mandate for dispersal of funds- but not for contracts. Grants are contracts.
Lastly, he will work every Thursday in Jennings County as an assigned judge there. It will not interfere with meetings here.

Thompson- presented the grant for J-cap that he was requested to sign on Friday- as it was due that day. Hughes said they did that to him at times- especially Lifetime Resources. They soon learned they had to get it in on time or it would not be signed. This grant is to get 1or 2 more people in Judge Blankenship’s probation staff. Commissioners are concerned about space for these people and that when the grant runs out, county general will be tapped to continue the programs. Judge Blankenship was in earlier this year complaining they could not even move in her offices. Since then they have added furniture and now staff people are being requested.
Thompson said they could ratify, deny, or table his signature- he would not be offended either way. Commissioners voted to table it for review. [NOTE: Does this mean they have to get the application back as it is technically unsigned?]

Witte- added the contract for Reaction PC that was previously approved pending his review. Commissioners signed the contract for Reaction PC to take over the county website design and maintenance.

Orschell- continued safety meetings with Bill Black and the ordinance on animal control was given to Sandy Carley who gave it to the Animal Control Board. They plan to implement the existing ordinance on dog licenses and Thompson is trying to get vets to help distribute them. Fees will help fund animal control.

Thompson received approval to sign the paperwork on owner occupied rehab homes for Lifetime Resources.

He also received approval to sign the thanks you note to the local TV stations for their coverage on the outdoor kennel issues that increased our adoptions of 30 dogs.

No Late Arrivals or Public Comment

Meeting adjourned at 11 AM

Christine Brauer Mueller
Lawrenceburg Township

REPUBLICAN CAUCUS RETURNS MESSMORE TO COUNCIL

Charlie Fehrman resigned from Council Oct 1 after many years of service.

Republican Caucus met last night and selected Bryan Messmore, former county administrator, to fill the remaining 3 years and 2 months of that term.

Messmore is currently employed by the county as the Victim's Advocate Coordinator under Prosecutor Aaron Negangard's office.

WHAT HAS VIESTE BEEN UP TO LATELY?

What Has Vieste Been Up To Lately?

http://blog.usawx.com/2008/11/29/november-28-2008-billion-dollar-investment-in-metropolis/

Metropolis IL is on the Ohio River across from Paducah KY. The West Kentucky Star has been following this story since last year. Bryan Messmore gave the reference from Dearborn County and this link gives a copy of that report from a Paducah blogger named Beau Dobson.

DRAFT AGENDA COMMISSIONER'S MEETING 3 NOV 2009

AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
November 3, 2009
9:00 a.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana


EXECUTIVE SESSION 8:30 AM – MED BEN APPEAL

I. PLEDGE OF ALLEGIANCE

II. CALL TO ORDER

III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. YES Home Lease – tabled from 9/1/09
4. Happy Hollow Rd. – tabled from 10/06/09
5. SRI tax certificates – tabled from 10/06/09


IV. NEW BUSINESS
1. Gary Hensley - Assessor
New Construction and trending bids

2. Ryan Wolfe and Judy Schlather – McGohan Brabender
Overview of employee benefit solutions

3. PAWS
Spay and neuter program

4. BJ Ault - `Recycling Center
America Recycle Day Proclamation signatures


V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
2. Amendment to bridge inspection contract – scour requirement
3. Change order for Collier Ridge slip


VI. AUDITOR - Cary Pickens
1. Claims/Minutes

VII. ATTORNEY

VIII. COMMISSIONER – Jeff Hughes

IX. COMMISSIONER – Tom Orschell

X. COMMISSIONER – Ralph Thompson, Jr.

XI. LATE ARRIVAL INFORMATION

XII. PUBLIC COMMENT

XIII. ADJOURN

26 October 2009 Dearborn County Plan Commission Meeting Notes

26 October 2009 Dearborn County Plan Commission Meeting Notes

Present: Hall, Chairman, Kraus, Jr., Beiersdorfer, Lansing, Hornbach, Nelson, & Thompson
ABSENT: Lehman and Hoog
Also present: McCormack, Plan Director, and McGill, Attorney

New Business:

Request to vacate streets and alleys in the Town of Chesterville on 0.288 acres of Ag zoned land in Sparta Township along Chesterville Road owned by Ed Schwartz. Kraus Jr. stepped down to present the case and left the room following the presentation. No public spoke and no board discussion after presentations. The applicant had tried to get more of the old streets vacated but no other landowners came forward per McCormack. Thompson motioned and Lansing seconded to send a favorable recommendation to commissioners to vacate the old streets and alleyways in Chesterville noting that it did not inhibit growth or block adjoiners etc. All ayes.

Changes to the proposed Article 18 of the County Zoning Ordinance regarding Wind energy conversion systems were modified and further discussed from last meeting’s input. Windmills were classified in 3 categories based on height, energy output, and amount of people or businesses served. Minis are <> 80-100 ft and > 100 Kw and serves commercial or industrial uses.
McCormack used information from Benton, Grant, and Jay counties in IN, Sagamore in IL (from Travis Miller in Yorkville, IL), and Storey County, Iowa. He has talked with installers of the smaller systems here in the county. He will also check some of the new windmills used for water pumps. There is one in Yorkville area as an example.
They may add some other alternative energy like solar panels. McCormack stressed they want anticipate problems like noise, nuisance, or safety issues, but they do NOT want to discourage these uses.
Thompson motioned and Kraus Jr. seconded to table this item to allow the board more time to digest the material and options.

Administrative:

1. Performance bonds database was reviewed. Rookwood Estates (Linkmeyer) on Tower Road expects to have roads approved before the bond lapses. Harvest Ridge and Harley Springs and Whitewater Point (Maxwell) also are finishing their roads. Old Orchard (Tucker) had the bond renewed- but they were late again (as in the last 2 years) and will be warned that that is not acceptable.

2. Comp Plan Advisory Committee stands at 51 accepted. 17 removed – one of those 17 is Tim Meyer- who passed away last week. McCormack noted that Tim Meyer was always present for every session. Jayne Wolgamot asked to be considered- her husband Chet is already on the committee. The board suggested her as an alternate for her husband possibly. They need someone for Solid Waste and Sandy Whitehead was suggested as she is their educator. The Board probably will not meet until 2010.

3. 2010 meeting schedule was passed out.

4. Open House for FEMA and new flood plain maps is Nov 12. Notices in paper, radio, and on the Planning website. 300 additional people are affected by these new maps.

5. Mixed martial arts events- McCormack passed out 2 states ordinances on these. They do things like require them to be indoors, no alcohol, etc. It was agreed by consensus that this is a law enforcement issue and the commissioners should be handling the ordinance on this- not a zoning issue.

6. Tucker let his bond lapse again on Seldom Seen and Laurel Valley. Sections of these roads are not in the county system and so we receive no taxes for them. County is considering notifying residents by mail that they will not have snow removal and/or road repairs as they were not brought to county standards. Newspapers- Register and Beacon will also be considered as a means of letting the public know the road status in those neighborhoods. Nelson suggested they get Listerman to get an estimate of the cost to get the roads to standards (old standards from when these subdivisions were approved) and submit it to the developer. If no agreement- perhaps a lawsuit will occur. The homeowners may desire to be part of that.

Meeting adjourned at 8:20 PM

Christine Brauer Mueller
Lawrenceburg Township

20 October 2009 Dearborn County Commissioners Meeting Notes

20 October 2009 Dearborn County Commissioners Meeting Notes

Present: Thompson, President, Hughes, and Orschell
Also present: Pickens, Auditor and McGill Attorney, substituting for Witte

OLD BUSINESS

Hogan Water Corp- remains tabled waiting on Hogan Corp

East Fork Road remains tabled waiting on INDOT

YES Home lease remains tabled pending YES Home review of lease

Happy Hollow Road remains tabled while investigating

SRI Tax certificates remains tabled until Hughes can review- Hughes didn’t want people to lose their homes in this economic climate. Pickens said these were LAST year’s taxes and would put the burden on the rest of the taxpayers.

Emergency Management received signatures for GIS grant application and Law Enforcement Terrorist Grant.

Reaction PC (website)- Wylys are postponed until November – they were unable to reach Witte.

NEW BUSINESS

DCRSD – Steve Renihan received permission from Commissioners to go to Council for no more than $50,000 to cover the extras (change orders) on High Ridge Estates sewer plant and lines. Total cost will be about $500,000 when completed and no one will be forced to hook up if their septic is working. Change orders included: $2,000 to fix leaks in current system to get the equipment in to begin, $3,000 to look at manhole on Timberview, $2,500 for concrete testing, $15,500on contractor mistake trying to straighten out plans for plant expansion, and $23,000 for backup generator that was left out of original plans and is required by IDEM.

DCRSD was also approved to go to Council for an additional $75,000 to put a line down High Ridge also per Bob Hrezo’s Plan. His engineering was covered out of the county study funds for $6,820. Of this $75,000 UCB Bank will be contributing some ($11-20,000) to get a foreclosed property in compliance to sell.

Gayle Pennington, Treasurer- received signature on service agreement for website for taxes.

2010 Employee Holidays Calendar was approved

Highway Dept- Listerman didn’t make the meeting in time- so the scour requirement amendment to bridge contract was not addressed by commissioners.

LATE ARRIVAL- CAC- Children’s Advocacy Center- received signature for their grant application with SEIRPC providing oversight. They have hired an interviewer and 28 interviews were done so far.

Auditor – minutes and claims were signed with Pickens telling Commissioners to sign them quickly before Listerman gets back. [NOTE: Pickens wanted to get out earlier. ]

Attorney- McGill had nothing to add except that he’d reviewed all the contracts etc for tonight.

Hughes- wanted to open Animal Control Director up again for 30 days to get more applications to consider. Approved.

Orschell- gave a recap of the first meeting of the Shelter Committee- Carl Fryman gave them plans for a 15,000 sq ft metal frame building with 3,000 sq ft of office space. Most liked the idea and PAWS has it to consider. Next meeting is Oct 28 at 6:30 PM

PUBLIC COMMENT

Robbin Pelfrey PAWS- wanted permission to winterize the kennels at the shelter. She’d been told they were not planning to keep animals outdoors and wanted commissioners to reconsider that. Orschell and Thompson were concerned with the employee’s safety in cleaning them throughout the winter and the animals being outside. Orschell stated that SPCA also does NOT recommend animals outdoors. Pelfrey was concerned that 18 kennels less would mean more euthanization. Thompson said they were working hard to place the animals and get them adopted to avoid that as much as possible. Pelfrey was angry and left the podium.

Sherry White continued the argument about needing the dogs outside to avoid euthanization increasing. She wanted to know the current rate. Thompson said he did not have those figures with him.

Mayor Cunningham was concerned with all the negative publicity and wanted commissioners to reconsider the kennels for one more year until the new shelter is built.

Orschell requested time to discuss this with staff at the shelter. Orschell stated that Marlene at the shelter was getting a big effort to get the word out to adopt these animals. No decision.

Cliff Eibeck asked about morning meetings and was told that they would readdress that in January. All meetings will be evenings until then.

Meeting adjourned at 8 PM

Christine Brauer Mueller
Lawrenceburg Township

Response to "Solution" (too big for comments!)

The writer here has some good ideas. Some need modification in ways that I may not be able to suggest.

However after have spent my career in both academic medicine and private practice and doing some high risk surgical procedures some things mentioned are difficult to achieve.

1. In regard to malpractice:
The only sensible solution which is most likely not attainable given the casino like malpractice environment in which we live is a panel of physicians each of whom is in the same field of medicine as is the defendant or accused doctor. There are physicians who will not be swayed by the fact that the accused is a peer of theirs, a friend etc. This panel will determine whether or not there was an act of malpractice.

Why is this not attainable? There is a lot of money involved in these cases. Even the defendant’s attorney is paid pretty good fees by the defendant’s malpractice insurance company. Then there is the injured party’s attorney who may be paid for his work by the hour or perhaps he/she will be paid 1/3 to 1/2 of any award that the injured party is given. Lastly there are the expert witnesses. These are physicians who advertise their services in the journals which attorney’s read. These self proclaimed expert witnesses advertise that they will testify for either side of a case. That is for or against the accused physician. These fees run into the thousands of dollars. There is a lot of money involved here and these above described professionals will not give up that part of their income without a big fight. Unfortunately these people have a great deal of say in legislating changes in malpractice law.

2. In regard to the member owned health organization
if a physician’s peers and patient evaluation determine the pay and whether or not a given physician should be fired the easiest thing for a hired physician to do is pick easy cases, cases with a high probability of success and refer the more difficult cases to an outside physician. Why should such a physician go through the stress of operating on poor risk patients and risking his career. The administration of the MOHOM non profit or not will want those cases done in his MOHMO. Again there is money involved.

3. Then there is the problem an MOHO may have with diagnostic procedures.
Is a physician ordering too many? Was that test essential? Again what is the nature of his patient load. Example: a child falls off of his bicycle hits his head on the curb, he acts a little dopey. Is there bleeding into or onto his brain---do we do an MRI for 1500 dollars? Maybe we ought to simply wait to see what happens. Does the child clear up or does he rapidly go into a coma with irreversible brain damage that could have be been prevented with prompt surgical intervention--- here we may be back to malpractice problems. Well the child clears up so was the MRI justified? To the child’s mother and father it certainly was justified. To a green eyeshade types NO. Additionally the administrator of the MOHMO may criticize the expenditure for the MRI . This would be especially true if the MRI result was normal. Also does the MOHMO own the MRI machine or are the patients referred outside of the MOHMO? Essentially who gets that 1500 dollars?

4. There are some very certain things that must be done and can be done. We must cover pre existing conditions, we must allow transportability of an insurance policy across state lines and perhaps across national boundaries, we must allow insurance companies to sell policies across state lines in order to increase insurance company competition.

5. Lastly one way or another we must help cover families that have continuing crushing medical bills for a member of their family. Such as an individual that will need expensive medication and other treatments for as long as the member lives. This expenditure will interfere with other children in the family such as their education. The psychological effect upon such a family of say having to spend 20% of their income for such care indefinitely is devastating. They live close to penury and in a depression for most of their lives. That’s wrong. Making it a deductable item for the income tax is not an answer, the money still goes out and only a small portion is realized by a tax saving.

This along with changing the regulation of the insurance companies must be done and it can be done. Beyond that we must be very careful. I spent one year working in Italy which has socialized medicine. Believe me it’s not good.

I have offered very little in the way of solutions but we must not allow the unemployables, the poorly educated ones who unfortunately make up the membership of the congress ruin what we have. I believe that the insurance companies ought to be freed up for us to determine what they can do and what they cannot or will not do for us. Of course they plan to make a profit, but making a profit makes for efficiency in distinction to what I saw and experienced in socialized Italy.

We can do these things and more if only the social engineers in Washington D.C. really had our interests at heart but they don’t.

In a socialized system the individual means nothing it is the group that is important. We are edging this way. Thus with a sick non contributing member of society, say a man who pushed a rife across Europe, through Korea, his son fought in Vietnam, his grandchildren are in Iraq and Afganistan, his wife worked and paid taxes her whole working life as did he---why bother ???
We can do better we always have.


Alan S. Freemond

Solution - Healthcare by Insurance is Not the Way

Some weeks ago I offered some analysis of the current health care and health insurance environment, detailing in large strokes the incentives that move the current players. I also promised to offer some ideas on how we should act to improve our condition. So, here goes.

First, as our current commander-in-chief is fond of saying about his predecessor, we didn’t get into this in a day, and we won’t get out of it in a day. But we can get out of it, and government DOES have a role in it. It only seems fair, a president and a congress long gone are responsible for our arrival where we are today. In 1943, as a war measure, Roosevelt and the IRS created the tax exemption for employers who, prohibited from increasing prices or wages, provided health benefits for their employees. In 1953, Congress refused to lift the exemption, and the whole misshapen system has grown more and more ingrained ever since. They now need to intervene to undo what was done.

To put the consumer back in charge of his own health care, the employer incentive should be shifted. Instead of providing tax incentives to provide services through an insurance company, employers should only receive the full exemption for funds ear marked for employee health care PROVIDED DIRECTLY TO THE EMPLOYEE. These funds should also be tax exempt for the employee, but only when retained or expended for health related purposes. That’s how it gets paid for.

Here’s how the money gets spent. There are three parts. First, to actually deliver health care a new kind of health provider needs to be created. New tax incentives need to be created to encourage the creation of non-profit health organizations. Further, doctors in these organizations need to be protected from excessive law suits for bad outcomes – malpractice insurance, lawyers and “expert witnesses” and all the rest do nothing but escalate costs. That’s the governments part in this, and it doesn’t mean surrendering our national wealth to make it happen.

How does this organization get funded? It is owned by customers, like a credit union, individuals who become subscribers using a portion of those funds from their employer. In truth, this is not really all that new as an idea. Ever heard of an HMO? A good model totally ruined by corporate or insurance company ownership. Call it a MOHO instead – MEMBER OWNED HEALTH ORGANIZATION. The doctors the health union hires will be paid a salary by the organization. Driven by peer review and patient evaluations, doctor incomes will be set by merit and quality of service, not procedures. Driven by customer evaluations, doctors will not be allowed to drift into mediocrity or driven to it by profit driven cost cutting. Doctors that can’t cut it will be found out and fired – not sued - a much better policing than the current self-administered licensing controls. Without having to deal with insurance companies or the government, administration overhead can be reduced to manageable levels.

Secondly, while the MOHO can take care of routine issues, they could not reasonably be expected to be completely self insuring. Enter the insurance company, doing what they were designed to do, mitigate risk. To deal with the rare or catastrophic events rather than certain expense, supplemental policies, at much lower rates than those currently offered, should be possible. Owned and paid for individually, they would be permanent, portable and inescapable. Purchased anywhere. No more preexisting condition loopholes, no cancellations, group rates or any of that nonsense.

And finally, every individual should have a fund in the vein of the now ubiquitous 401k that is specifically designed for building a reserve to cover health care costs. If health care funding is a national priority, these accounts should be untouchable by the government, not only during the lifetime of the owner of the account, but transferable from generation to generation for the same purpose. I can even see the potential for mandating such health savings to some minimum level.

None of this would prohibit a doctor from running his own practice just as he does now, if he wants to be a free agent and thinks his individual skills are in such demand that he can compete. If he bears the burden of running his own business and the legal and market risks that those in the current medical business run, then he is entitled to the additional rewards of his entrepreneurship. None of this would prevent employers from providing health benefits as they are doing – after all, an organization as is proposed here may not be available everywhere. I do believe, however, that this would represent a step on the right path to rational, cost effective health care.

As Congress and the President charge headlong into the abyss of socialized medicine, a non-solution that can only escalate costs and diminish service, we need to act to save ourselves and our posterity. This may be a way to do it. There is much more to be said and many devils in the details, but that is the crux of it for now. Digest what you have read for a bit, then offer your observations. I look forward to hearing from you…

DRAFT AGENDA 20 OCTOBER 2009 COMMISSIONERS MEETING

AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
October 20, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana


I. PLEDGE OF ALLEGIANCE

II. CALL TO ORDER

III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. YES Home Lease – tabled from 9/1/09
4. Happy Hollow Rd. – tabled from 10/06/09
5. SRI tax certificates – tabled from 10/06/09
6. Emergency Mgmt. grant signatures – tabled from 10/06/09


IV. NEW BUSINESS
1. DCRSD
Permission to go to Council

2. Gayle Pennington, Treasurer
Service Agreement Signatures

3. 2010 Employee Holiday Calendar


V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
2. Amendment to bridge inspection contract – scour requirement

VI. AUDITOR - Cary Pickens
1. Claims/Minutes

VII. ATTORNEY

VIII. COMMISSIONER – Jeff Hughes

IX. COMMISSIONER – Tom Orschell

X. COMMISSIONER – Ralph Thompson, Jr.

XI. LATE ARRIVAL INFORMATION

XII. PUBLIC COMMENT

XIII. ADJOURN

6 October 2009 Dearborn County Commissioner Meeting Notes

Helen Kremer graciously offered to cover this meeting in my absence.
Christine Mueller

6 October 2009 Dearborn County Commissioner Meeting Notes

Present: Thompson, president, Orschell, and Hughes
Also present: Pickens, Auditor, and M. Zerbe, Attorney filling in for Witte.

7:00 p.m. The Pledge of Allegiance, and meeting called to order.

The Executive Session held at 6:30 p.m. regarding the Med Ben Appeal resulted in no action. Two appeals were discussed and the Commissioners decided no action was to be taken at this time.

Thompson stated the Animal Shelter will be discussed first due to the many people in attendance for this issue.

(On September 29, 2009, one of the items presented in a special meeting held with County Council, Commissioners, and Animal Control was the Animal Shelter Hearing. The Commissioners, Council members, Animal Control Board/Paws Board, and Paws members, as well as interested citizens discussed the proposed animal shelter. Decisions on the next steps to be taken were to be explained at the October 6, 2009, Dearborn County Commissioners Meeting.)

Orschell started to speak when someone in the room said “. . . have a public hearing to form a committee deal and get out of the way.”

Thompson stated that when it is the public’s turn to speak they should come to the microphone.

Orschell stated this is a unique set of circumstances. The county attorney advised that there are legal requirements. Before building, both parties have to agree and determine how the county intends to operate the shelter. A mediator should be a last resource. Orschell continued to explain that a committee should be assembled to determine what county resources will be available, including getting information from the Building Department, etc. The county is downsizing, cutting costs. Our responsibility is to provide safety for our citizens and provide humane treatment for the animals, and if we work together we can make this work for the county and have a shelter to be proud of.

Many people spoke out—no one came to the microphone to identify themselves. Many comments were made, some were as follows:
- Representatives should be decided by money donated by all entities
- Citizen members should be represented.
- Donations were made in memory of people, some donated a large amount, and the county is fighting it.
- There is always an excuse.

Hughes said Paws should be involved, when you give money you have
expectations. We are not fighting for or against, but have a responsibility to
taxpayers.

Thompson stated there are two technical issues that are being resolved,
the BZA issues on variance and set-backs, and the State permit.

Another gentleman from the audience spoke and said we should stop
the negative energy, set-up a time frame and proceed in a positive way.

Orschell said we will receive professional advice by October 15th, and would
like to have a plan and come together by 60 days with ordinances in place.
The committee will consist of: One Commissioner, two Council members, the
County auditor, Mayor Cunningham, two members of Paws Board/Animal
Control (Sandy Curley and Dennis Monroe).

Hughes stated that the Council makes the final decisions on the budget.

Orschell stated when we receive the professional advice after the 15th, then
we should have a real hard budget to work with.

A discussion followed regarding the percentage of the county budget it now
takes to run the shelter. Pickens said it is about 2% - $250-$300,000.

Someone stated that the new building will be more efficient.

Todd Listerman said you will have 33% more than you have now, you will
have 58 kennels in the new plan, you have 40 now.

Pickens stated there will be a need for 2.2 more people, and the estimate for
the budget with the increase is $400-$450,000, 10-15% increase for utilities,
etc.

Orschell concluded that they will get this done as soon as possible.

OLD BUSINESS

Web Site (tabled from 7/21/09).

Thompson said they had various presenters.
Orschell said Reaction PC, a local company, had a price lower than the other companies, $5,400 for complete reconstruction.

Hughes said he liked competition, what about department heads?
Thompson said he contacted several department heads, and there was no response. Pickens said to check Dusty Rhodes website for Hamilton County.
Hughes said he heard about Hamilton County’s individual claims.

Wyly, Reaction PC Services, said with all do respect the actual website is fairly open-ended. There is a one time fee and hand it over to the county, and an annual contract for maintenance.

Orschell said we will not have to baby-sit this website, individual departments can type up something and post it. Documents will be posted on the web by authorized users only in each Department.

Thompson asked when we could expect a starting date.

Wyly said they could begin in two weeks; it will take about two months—90 hours for his partner and himself.

Thompson said that will be about the first of the year.
Wyly replied if they have a contract—yes.

Orschell motioned that Reaction PC be authorized to completely redevelop the county website from scratch and develop for $5,400.00.
Hughes seconded the motion.

Pickens asked how we are to pay the $5,400. Thompson replied that $5,400 is the maintenance fee we pay now.

Hogan Water Corp. (tabled from 8/18/09) Attorney Zerbe reported that Mr. Witte has not heard anything regarding the status of the grant application, and this item remains tabled.

East Fork Road (tabled from 9/1/09) Todd Listerman stated when he went to the US50 meeting he saw Ed Cox of INDOT. Cox said he would send an email and to keep it (East Fork Rd.) closed for safety. Once Listerman gets the email he will contact the Commissioners.

YES Home Lease (tabled from 9/1/09) Mr. Zerbe said Mr. Witte said there is an agreement to revise part of the lease, they expect some action by Oct. 20th. Item remains tabled.

Ginny Daum (tabled from 6/2/09) – this volunteer position no longer exists, so this ends this issue—item closed.

Aflac Insurance (tabled from 7/7/09) Thompson stated the Aflac representative presented the package and said if there are any questions let them know. They have a tailored package we can accept. Employees wishing to maintain the Colonial option can stay.

The Aflac representative stated regarding Colonial there are some age-based considerations and it might be better for some employees to stay with Colonial. The Aflac representative said we are located locally, and all of our employees live in Dearborn County.

Thompson asked the other commissioners if they should offer Aflac to the county employees. Hughes said he would like to offer Aflac and motioned to do so. Orschell seconded the motion.

NEW BUSINESS

John Engle – Happy Hollow Rd. – Todd Listerman explained when he started at the Highway Dept. he compared the roads that the county was maintaining to the State inventory. As part of the correction, the State inventory stated we maintain ~1.0+ miles down to Ester Rd. The question is should we be maintaining it? Letters were sent to the property owners to determine if the site should be publicly maintained. That is when the issue came up does Mr. Engle have frontage to Happy Hollow Road?

Mr. Engle had a 1937 map of Happy Hollow Road and showed it to the Commissioners and Todd Listerman. Orschell asked if Engle had another access to the road. Mr. Engle said it was very hilly and hard to get to—we’re not going to give up something. Who knows where the old road is? Roads do move.

Hughes said the county can decide to maintain or not maintain the road.
Thompson said there are two questions, 1) Does the county maintain it or not, and 2) does a ROW exist available for public use?

Listerman said when they did the inventory; they did not know if they should maintain the road, it is not resolved. If you want it to be kept open will you donate 50 feet of ROW? Do we maintain back to the property? Is it a private road, individual, or public road?

Thompson told Mr. Engle to give the Commissioners all of the information that he has, maps, letters, etc., all the documentation, and they will investigate it further.

Ralph Seig, of Seig & Associates surveying, representing Mr. Lykins the other property owner involved in this matter, gave the Commissioners his survey report. The first survey was in 1801, and further down was divided out. The recorder’s office show where things used to be, the lines are contained in Lykins property. He (Lykins) would like to vacate this road, he owns both sides of it. Mr. Seig asked if the Commissioners knew anything about this road and the ROW.

Thompson said they will table for further research. Orschell motioned to table, and Hughes seconded the motion stating they want to get this right.
Thompson stated you cannot close a public ROW, but you have to prove it was a true public road. We need to get copies of all documents.

Mr. Lykins addressed the Commissioners stating we should solve this; he wants to be left alone because he is being harassed.

SRI Representative Jim Hughes, tax specialist in IN has assisted our county since 1995 with tax sales. We must make sure everyone pays their fair share of taxes. In 2007, Indiana law changed, Commissioners get certificates after sale, and you have liens, prepare a deed and own the property. Any property good for a government purpose you keep others you sell for taxes and cost. You can reduce the price of property, i.e., sell for $100 plus taxes. You almost give them away but you receive the taxes.

There are two ways to have a sale, 1) in this room, and we charge 12%, or 2) have it on the internet for a wider audience for a charge of 10%. Jim Hughes advised using the internet, but Pickens said it was worth 2% to have the sale in this room. Jim Hughes said they take care of all the records, and then gave the Commissioners the contract to have the attorney look over.

Southeastern Indiana Economic Opportunity Corporation (SIEOC) appointment – Sonia Kaffenberger – the Commissioners recommended her appointment, all legal requirements were met. Hughes motioned to appoint Sonia Kaffenberger to the SIEOC, and Orschell seconded the motion.

Bill Black – Emergency Management – At their last meeting,
the city of Lawrenceburg turned the town warning system over to us. Mayor Cunningham signed the agreement. The sirens are worth $20,000-$25,000 a piece. We are able to absorb this cost for batteries, etc. into our budget. Hughes motioned to accept the emergency warning system, and Orschell seconded the motion.

There are two grants, one for $14,894, a GIS grant to meet State compliance for an emergency, i.e., if there is a spill, the addresses will be available if evacuation is necessary. We host it for two years, we do not know if we’ll have the money in the future, but there may be a grant for money later according to Margaret. The State is funding to get us in compliance with State Homeland Security.

Thompson said we have several contracts, is there any immediacy for this.
Orschell said let the county attorney look at it.
Perkins said we’re not done with the GIS stuff yet.
Black said he wants us to be in compliance.
Thompson stated it is not critical if we wait two more weeks.
M. Zerbe said he didn’t anticipate any trouble.

Black said the district grant is $126,000.

Orschell motioned to table until further review. Hughes seconded the motion.

Black said there is another district-wide grant of $161,250 for conducting vulnerability structure development training. $60,000 for equipment, task force development, pays for training and assessment.

Thompson said does this have to be approved by every district reviewed?
Black said he wants to get started, grant guidance, specifications.
Zerbe said it seems to be ok.
Orschell motioned to table until further review. Hughes seconded motion.

Black said they are proceeding with a safety meeting and other issues that come up.

Carl Fryman – Building Department – The city of Lawrenceburg and Dearborn County have a consolidation of zoning, and to save further delays the exact same wording will be used with other municipalities. The interlocal zoning and code enforcement will have no money exchanged. The first of the year Mr. Witte will have an ordinance regarding this issue.

Thompson proposed a motion to approve the consolidation of zoning regulations with the city of Lawrenceburg. Hughes motioned, and Orschell seconded the motion. Pickens requested Fryman make sure there are three copies.

Highway Department – Todd Listerman – Bid opening for 2009 chip/seal bids before it snows—two bids, Dave Amerman(sp.) $97,484.38, and Paul Rohe for $113,109.10. Orschell motioned to approve the bid of $97,484.38, and Hughes seconded the motion.

Stockpiling old 52, hold until next year. Update Old SR 52 paving almost completed, and that is part of the stimulus project. To chip out North Dearborn Rd. and Hogan we need two weeks of Indian summer. Yorkridge on Oct. 22 scheduled. Trackville Road will have box culverts.

Earlier this summer we tried to get the Stateline Road project back in swing and wider, south to Salt Fork Rd. to north of Jamieson Rd. Supplemental agreement #2, $26,800 road design and $70,800 phase 2 environmental assessments where old gas station was and the cemetery development plan for $3,400. Approval is needed for the supplement phase #2 to get this proposal back in line for completion in 2010. We will get a second ROW, and we need to get plans finished for four different parts.

Orschell asked if we had money for this. Listerman said Council approved $300,000 for Stateline Road.

Orschell motioned to approve the supplemental road agreement phase 2 for Stateline Road/Bright, and Hughes seconded the motion.

Auditor – Cary Pickens – Claims to be paid were in a folder plus a box. Hughes did not see them, and so he abstained. Orschell motioned to pay the claims, and Thompson seconded the motion.

Minutes for approval by the Commissioners were presented for the Executive Session of September 25th and Minutes from the meeting of September 15th. Thompson had a few minor changes in the September 15th meeting, mostly grammatical. Orschell motioned to approve the Executive Session meeting of 9/25/09 and the Commissioners meeting of 9/15/2009. Hughes seconded the motion.

Attorney – Mr. Zerbe said regarding the Randall Avenue property, there is a Title search, and preparations should be made for the county to have a building inspection.

Commissioners Hughes, Orschell and Thompson did not have items to discuss at this time.

Thompson asked if there was any public comment.

Mr. Lykins, referring to the Happy Hollow Rd. issue, stressed his concern, and said they were opening a “can of worms”. They are riding four-wheelers on his property, and there is urgency that this is solved.

Hughes said these are legal questions.

Thompson said regarding the ROW, we are looking for a way to make determinations, and both parties are entitled to due process and fairness.

Mr. Thompson then asked Mr. Wyly of Reaction PC Services to get his contract into a form that will be able to be signed by the Commissioners. If he has any problems he should contact the county attorney.

Hughes motioned to adjourn the meeting
Orschell seconded the motion.


Helen Kremer
Logan Township

DRAFT AGENDA COMMISSIONER'S MEETING 6 OCT 2009

AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
October 6, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana

EXECUTIVE SESSION at 6:30 P.M. – MED BEN APPEAL

I. PLEDGE OF ALLEGIANCE

II. CALL TO ORDER

III. OLD BUSINESS
1. Other items to remain tabled (Campus plan/Policy recommendations)
2. Web Site Discussion – tabled from 7/21/09
3 Hogan Water Corp. – tabled from 8/18/09
4. East Fork Rd. – tabled from 9/1/09
5. YES Home Lease – tabled from 9/1/09
6. Ginny Daum – tabled from 6/2/09
7. Afflac insurance discussion – tabled from 7/7/09

IV. NEW BUSINESS
1. John Engle – Happy Hollow Rd.

2. SRI Representative – Presenting certificates from tax sale

3. Southeastern Indiana Economic Opportunity Corporation (SIEOC)
Appointment – Sonia Kaffenberger

4. Bill Black – Emergency Management
1. Siren update
2. Grant signatures

5. Carl Fryman – Building Department
Inter-local agreement


V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
2. Supplemental agreement - Stateline Rd /Bright

VI. AUDITOR - Cary Pickens
1. Claims/Minutes

VII. ATTORNEY

VIII. COMMISSIONER – Jeff Hughes

IX. COMMISSIONER – Tom Orschell

X. COMMISSIONER – Ralph Thompson, Jr.

XI. LATE ARRIVAL INFORMATION

XII. PUBLIC COMMENT

XIII. ADJOURN

SPCA Meeting CANCELLED for THURSDAY OCT 1

The Meeting for today ( Thurs Oct 1) with SPCA and Commissioners and Animal Control was cancelled by SPCA.