7 June 2011 Dearborn County Commissioners Meeting Notes
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
Hughes asked for moment of silence for Mr. Pickett who passed away. He worked in the highway dept.
PUBLIC HEARING FOR COLLIER RIDGE BRIDGE # 55- 1 hour
Marty Hon- said he lives outside Dillsboro- doesn't want to give too much information on himself- and passed out information to the Commissioner. Hughes and he have been talking for over a year and Hughes has been beating him up over getting a quality product. All this is – is a steel bridge and a new pier. There is no realignment etc in this. He has 2 contractors and their prices. He proposes having our bridge crew do it. He says Jim Brickner has built a lot of bridges and they are still standing. He says the pier might cost $30,000. It all has to be bid out- regardless of which direction you go. He thinks that Council can look at this. He knows there will be a little bit of work down there- add guardrails and chevron signs. I never mentioned this before- I kept it close to the vest until it was time to get right down to it.
Orschell said he didn’t see any engineering costs there. Hon said it was included. Our bridge is $264,000. Because the contractors cost a fair amount, he thinks the bridge crew would be better option. He’s not going to get into the curves and all that- because he doesn’t do all that. Hughes said- someone has to engineer the pier. McHenry said- you think our guys can do this? Hon said- I KNOW that Brickner can do this. I learned a lot from him and Larry (Smith) in my years here.
Kraus said- he wants only one option- and we fund it or we don’t. Hughes asked Orschell what he thought. Orschell said we spent $22,000 for a study on this bridge. American Structurepoint gave us 3 alternatives and the one that puts it back here is substandard. I think we owe it to the county to follow our expert’s opinions that we paid for. McHenry added that it would be substandard. Hughes said there are a lot of roads that are substandard. This goes to Bonnell. Cars get bigger. They thanked Hon for his presentation.
Cathy Albert- Murphy Creek Lane off Collier Ridge. She apologized for the neighbors not being there- as they were pretty tired of coming to meetings for nothing. She asked if someone had been interested in the bridge. Mike from Structurepoint said someone had called but had not called back- and the bridge is listed on the county website if someone wants it. She talked to all Council members except Jim Hughes in the last 2 weeks. They were patient and open- minded. She agrees with Orschell’s comment about consultants. She said if you get 5 consultants you’d get 3 different opinions. She wants to get someone who won’t necessarily be bidding on this bridge for a comparison. She also went on asking Hon about costs included- like demolition- which isn’t in his bid. She talked to Jim Barker again today. He’s done historic bridges for 35 years. She said he’s done Pribble Bridge. (Not historic) She wants Barker to come down and do the objective comparison. The county requested $2.7 million. Our share is $400,000. She thinks 20% is $600,000. She requests they look at this as a possibility before deciding. This other version won’t take some farm property from a resident. Competition needs to be done. She assured Mart Hon there was nothing against him- but she wants a detailed alternative. Barker’s fee would be $1600. The residents won’t pay for this- they already paid for a pier study. The county would have to pay for it.
Orschell said she wants to have it built where it is. He said that SUBSTANDARD stands out- because of the alignment. Albert said that she’d give them Barker’s number. Barker said for her to tell the commissioners that lawsuits have not been filed on these bridges. Orschell said he talked to Barker a year ago- and Barker was very concerned about the alignment on that bridge. Albert said that’s not what she understood. Orschell read to her the insurance company’s statement- Nate Peterman- the county’s carrier. It showed that it would not be the thing to do- it increased risks. Orschell said- when you have the opportunity to fix something and make it right- you do that. We don’t have the money to fix anything. But when we do have it we should take that. It’s the commissioner’s job to do this.
Albert went on and on about how long it will take this way. And said that was their issue all along. What happens when an act of God closes that road down? `
Dennis Kraus Sir – Pres of Council- he has talked to Council after hearing from Ms Albert. He said that four others said that they would not fund anything substandard. Albert said- that why go further- if Council made the decision? Kraus said- there was no meeting- so there was no council decision.
Orschell said Alignment C impacts too many property owners. D is substandard, and I keep tripping over that one word. It has to be cost effective and best safest option. I respect that this decision is emotional for some residents. He wants B-2 as his alternative. Baudendistel gave the legal opinion on Orschell’s request as to why C and B-2 were possible as they were not substandard. They fit rural collector roads. He said the county needs to protect itself from future liability issues. Hon questioned if the board of commissioners requested Baudendistel’s letter. Answer was that it Orschell.
Listerman gave opinion at Commissioner’s request. He said we are restricted to $100,000 to do county project and not bid it. This includes all the materials etc. If we were to do Hon’s bridge it goes over the $100,000 limit. We do maintenance work activities- but not things like this. All our projects are under $100,000.
Hughes went on about money etc. McHenry said substandard and liability issues made up his mind. He said he understands their aggravation and he appreciates Hon helping with an alternative. He understands the emotion of it. Albert said it’s not emotional- it’s frustrating. McHenry said that was an emotion. Hughes was worried about property being taken. Albert said no one had talked to the property owners. Listerman said that Mr. Cain understood that the alignment would take the house. Albert said that he didn’t want his property taken.
Orschell motioned and McHenry 2nd to proceed with Option B-2 and American Structurepoint. Passed. Orschell also said he appreciated the frustration and also said he appreciated Ms Albert’s time and input. She thanked him for saying that.
OLD BUSINESS:
1. Private Real Property Rights Preservation ordinance- tabled. Hughes hadn’t talked to McCormack yet.
2. Animal Control PAWS Contract- attorney revising their contract. Council will fund it thru the balance of 2011. No action.
3. Nolte Road ROW- Dennis Kraus, Sr. presented the plans. His son was on vacation this week- so he was covering. This is the public hearing on this and it has been advertised per Baudendistel. Matt McLeod- one of landowners- non –resident. Also his friend and non- resident landowner- Bob Hader. There are 5 owners. The land is rough. The road is named after Mr. Nolte. Built in 1865 proceeds from Bells Branch. It was more or less a creek bed. Hasn’t been maintained since about 1969. We have gated and provided keys to people who use that road. All the other landowners are non- residents, except for Grays on the corner. Are you opening the road to public access? Do we have to remove the gates? The Larson estate has access. But we don’t want it open to the public. Larsons just want to provide assurances to potential buyer that they have access. Listerman gave the background and said this will assure that all parcels have frontage on a ROW- they are not land-locked. Tabled until Baudendistel prepares the ordinance for the approval of an apparent ROW for Nolte Rd.
4. Bill Black EMA- grant signatures- annual for half of their salaries for 2010 to be reimbursed. Approximately $39,129. Approved and signed.
He is still working on district administrator grant. State has some more requirements and management of that grant will be over in the year.
If you see something- say something- a new state program.
They have 50 weather alert radios for people who need them. They are available at the office.
NEW BUSINESS:
HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer- wanted Chapel Thorne 0.17 and Canterbury Court for 0.16 miles accepted off Yorkridge. Approved.
Bridge off Ester Ridge- less than half acre needed. Low price consultant $25,305 for United Consultants. He will get contract for Baudendistel to review. OK to draw up contract.
Received a $7790 grant from Lawrenceburg Foundation for radar speed trailer with flashing speed warning. This can be used by the police. It was written by Todd and Ron Barnhardt of Planning and Zoning. He said Ron gets most of the credit.
At INDOT today Listerman presented for additional funding for Collier Ridge Bridge. And Council has funded the match. They said our schedule is for April 2013 letting. They gave positive comments on this.
AUDITOR: Gayle Pennington- minutes approved for Apr 14th. Claims approved. Claim still held for Sidwell- will be covered under Ewbank.
ATTORNEY: Andy Baudendistel- clarified the sick leave donation policy. It’s just a memorandum to clarify- it is not changing the policy. Commissioners approved the memorandum and signed it.
Baudendistel gave them ordinances on the government website and an interlocal agreement with Lawrenceburg on the Shumway Building that will be ready for next meeting.
COUNTY COORDINATOR: Bill Ewbank-
IT Alternatives report- we have 2 vendors for maintenance purposes and wanted more time to research this further. He will have it done before Oct 1st. Orschell joked- what year?
Letter of engagement with Umbaugh- so that they can get safe but improved rates. $5,000 covers this till the end of the year. They anticipate this will pay for itself by the higher interest rate. Even 1% gets $150,000 more. Commissioners approved.
Dearborn Foundation approved- $58,500 for Dearborn County comprehensive Fire and emergency Services Study. Dr Eric Kelley of Ball State for James Duncan and Associates, Inc. will be doing the study for this amount of money. Approved. Planning and Zoning staff- Ashley Newnam and Mark McCormack prepared the grant.
Margaret Minzner presented materials for Sidwell’s last remaining invoice on the GIS work. They eliminated 2 parts of the contract that they didn’t need and were not delivered. $7,806 is due. It was direct deposited to Sidwell’s account. Joyce West is the GIS account manager.She spoke: There was significant work for the farmland assessment layer- and you have deleted it all. What were billed to date were actual services performed and delivered. There should be no deductions for the $12,000+ bill that you have withheld since April 2010. We have not charged interest for this being held. There was discussion on travel expenses, training etc. Pennington was going to discuss some of this with Baudendistel as she wasn’t sure some of these are in the contract. West said that invoices for travel have to be done afterwards as those expenses aren’t predicable. She hopes to be paid for all the work they have done and delivered to Dearborn County. She hopes this database serves us well and we add to this as we grow. She noted that we could have used this at several points in tonight’s meeting.
COMMISSIONER COMMENTS
Orschell said good employees don’t get paid for unused sick days- seems like we are penalizing them. He wants to look into that a bit.
McHenry wants Baudendistel to draft a letter to Frick and Assoc lobbyists to put an end to that. OK’d to draft letter.
McHenry complimented highway dept and staff.
Bond Counsel- Hughes wants to have someone come in and look at this option. They need an answer on the referendum issue. He talked to the lawyer for IN assoc of counties- Rick hall of barnes and Thornburgh. If it’s over $12 million you have to go to referendum. It has to go to Council too. Bill Ewbank to set this up.
LATE ARRIVAL INFORMATION- Minzner reported that at the next Commissioners meeting she will demo the GIS website for people to see. They will have some upcoming workshops too.
PUBLIC COMMENT- none
Meeting adjourned at 8:20 PM
Christine Brauer Mueller
Lawrenceburg Township
Wednesday, June 08, 2011
Thursday, June 02, 2011
Agenda for June 7th Commissioners Meeting
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
June 7, 2011
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. PUBLIC HEARING FOR COLLIER RIDGE BRIDGE #55
IV. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
2. Animal Control / PAWS contract
3. Nolte Road - Right-of-Way
4. Bill Black, EMA - Grant Signatures
V. NEW BUSINESS
VI. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VII. AUDITOR – Gayle Pennington
1. Claims/Minutes
VIII. ATTORNEY - Andy Baudendistel
IX. COUNTY COORDINATOR – Bill Ewbank
1. IT Alternatives Report
X. COMMISSIONER COMMENTS
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
June 7, 2011
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. PUBLIC HEARING FOR COLLIER RIDGE BRIDGE #55
IV. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
2. Animal Control / PAWS contract
3. Nolte Road - Right-of-Way
4. Bill Black, EMA - Grant Signatures
V. NEW BUSINESS
VI. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VII. AUDITOR – Gayle Pennington
1. Claims/Minutes
VIII. ATTORNEY - Andy Baudendistel
IX. COUNTY COORDINATOR – Bill Ewbank
1. IT Alternatives Report
X. COMMISSIONER COMMENTS
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
Wednesday, May 25, 2011
24 May 2011 Dearborn County Council Meeting Notes
24 May 2011 Dearborn County Council Meeting Notes
Present: Dennis Kraus. Sr., President, Dan Lansing, Jim Hughes, Liz Morris, Maynard Barrett, Bryan Messmore, and Bill Ullrich.
Also present: Gayle Pennington, Auditor and Bill Ewbank, County Coordinator
Commissioner Tom Orschell- said RQAW had a charette last year and it showed that Hoosier Square was needed for space addition. Also everyone thought that the jail addition was a priority. He asked the Council for direction since it takes 7 unanimous votes to take money out of the Riverboat Savings. Kraus Sr. said we don’t have a unanimous vote yet. He said we could free up $750,000 a year by not putting it in a bank. Liz Morris said that they don’t know what the commissioners want. Orschell said we have the predesign plans and the financing plans with six scenarios. Joe Mrak of RQAW said we need direction before we go further. Schematic design phase is in the neighbporhood of $150,000. Bryan Messmore said- The scope of this project is about $15million estimated. That puts it in the referendum range. This won’t pass referendum- so we’d have to get a lower cost alternative. Lansing said it should go to a referendum. Let’s see what the people want first. Then we can talk about alternatives. Morris and Ullrich weren’t in favor of referendum. He said we are to the point we could break ground this year, but I’m not sure it won’t pass. People need to do their homework. We could end up under a court order and we could lose control of it. Lansing said- we HAVE a plan- if the court ordered it we could use our plan. Jim Hughes is in favor of a referendum.
Four were in favor of referendum ( Lansing, Hughes, Messmore, and Kraus, Sr.) Ullrich, Morris, and Barrett were not.Morris said the referendum went in a few years back in reaction to school construction projects. This is the public’s money and we are elected to monitor it.
Referendum is the Council’s direction. Orschell thanked Council for their input.
Judge Cleary requested a court reporter to replace one that is going to retire. He wants it to remain a position that is county funded. He wants the new hire to come in using some part time funds to train in early. He will use bail bond funds to cover the sick time and vacation that his current reporter has accrued. Approved.
Bill Ewbank- County Coordinator- presented the plan for Hoosier Square - 17 officials and dept heads have put together the plan for utilization of space to accommodate the new space purchased etc. He thanked RQAW for their continual help with this. Hoosier Square will take Community Corrections and 2 probation depts. this will consolidate our offenders in one building. This gives us one restroom for drug testing.
In adm bldg- recorder to 3rd floor for more space. County Surveyor will have more space and hold GIS maps. Coroner has a small space. A small conference room will be carved out of Health. 2nd floor stays the same. 1st floor will have Health Dept in recorder’s area. Community Corrections and the Building Dept will be Building and PZ and a small area for DCRSD. Veteran’s office remains in place. Permitting agencies will all be on the same floor. It puts all high traffic areas on the first floor. This helps janitorial staff as well.
The Courthouse is the final piece of the puzzle. County Clerk will move to Circuit Court Probation. Sup Court 2 will be on 2nd floor adjacent to her offices. This will add 600 sq ft to prosecutor who will move his deputies to the 3rd floor. Long term for the county, this helps with security too.
Wants funding to adapt Water Rescue to long term records storage. It needs some siding and seams closed. The basement of the courthouse has too much paper. This will help. $1.25 million for all the 3 buikldings- Hoosier Square, Votaw , and Shumway. We have $218,000 left. Votaw will be demolished in 6 months and Lawrenceburg will demolish Shumway for us.
He wants an additional $458,483.50 to pay for everything he’s described. That brings the total to $1.75 million. This is not perfect- but it is cheaper and quicker. We could divide this amount over 2 years. By the time we get through Hoosier Square it will be December anyway. He wants the money for the records storage also.
Next year revisit the numbers and move the adm and courthouse offices around. We will need $190,000 this year plus the money left over from the original plans. Ullrich praised the plan and presentation.
Negangard wanted them to realize this was not the final plan- as they are short on judge and prosecutor space even with this.
Messmore analyzed some of the numbers and questioned the water rescue and adm moves. No more than $190,000 was approved out of Riverboat contingency in a motion by Ullrich and Morris. Approved.
Negangard praised Ewbank’s work. Negangard encouraged them to continue on the jail as it houses robbers, thieves, drug dealers, child molesters, and those who would harm us. Council should not just rely on referendum to solve this. He thought legal action to force jail building would make the $15 million seem like a drop in the bucket.
County Prosecutor Aaron Negangard requested the following from Riverboat Revenue:
$25,000 for Region 15 Child Advocacy Center Costs- Negangard said that this has allowed cases to be addressed faster. It has made his job easier in prosecuting child molesters. 477 children had been interviewed so far. There has been a budget shortfall and hopes the Guns and Hoses fundraiser will help. This is a one -time request to cover a budget shortfall this year. The most significant number of children served by this are Dearborn County’s residents. He chose $25,000, because he had originally asked for $75,000 and they gave him $50,000. Council asked about this being a one time thing,. He said he may come back in future years.[ NOTE: So it’s not really a one-time thing and the grants may not cover it all.]Lansing asked if this was in his annual budget. Negangard is optimistic that grants and Lawrenceburg etc will help out. Lansing motioned and Morris 2nd to approve the $25,000. Approved.
The following 3 items were requested at budget and it was cut out. Negangard anticipates he will run out of these this fall.
$4,000 for office supplies- Morris said $2,000 should bring him to $10,000. Approved for $2,000.
$3,000 for code books- they keep one set updated – the rest they use the computer for. Negangard explained how this was necessary because of the new laws and all the case laws attached. He acknowledged it is a pretty good racket. They had approved $2,000 and the previous year needed $5,000. He’s asking for $3,000 to bring it up to the $5,000 again. Approved
$2,000 for publication and advertising- this includes copies for court cases etc. Approved.
Negangard then added that one of his employees- an SCU investigator position will be out for maternity leave and won’t be returning. (This is Summer McCarroll’s position that was funded in full by a JAG grant))He wants to hire Sarah Slayback (who is a part timer now) to fill that position when it comes open. [NOTE: Does the JAG grant no longer cover this?]
Morris has no problem with filling this position- sounds like it is necessary. Approved.
Pregnancy Care Center- requested money from Riverboat revenue for blankets and quilts for newborns. 77 babies received blankets. They are requesting money just for the materials to make these. They would like $1,000 again this year. Approved. Messmore voted Nay- no reason given.
Greg Townsend – Special Olympics- for Ripley Dearborn and Ohio counties. 46 competing- and 30+ are form Dearborn county. $1500 is requested for the 11 minors that are competing this year. Kraus Sr. said we usually limit it to $1,000. Council approved $1500.
Animal Control/PAWS Contract requested $60,000 from County General to cover the last 6 months of this year. Bill Ewbank presented a breakdown of costs previously incurred for Animal control. He presented the plan of putting our ACO’s with space at the new shelter off Industrial Drive on Charles Liddle Drive. This might be reduced by $10-20,000 as the building won’t be ready until August or so. $9,883/month was the average the county previously spent on shelter in the past. The contract is for $10,000/month. Morris is comfortable with the numbers. Approved $10,000/month pending the signing of the contract.
Council approved temporary workers to cover the time until the shelter opens. Her previous workers quit as they knew the job was ending. Wages are $7.50 an hour.
County Treasurer Barb Kaffenberger requested $5,000 from Riverboat for the Investment Advisory Service for investing public funds. They will develop a structured investment program. She has talked with Umbaugh and Associates. They will potentially help them earn 2-3 times what they are now. This is a one time deal. Approved.
DCRSD requested $70,000 from Fund 173 to repair the road leading to the High Ridge sewer plant that was damaged due to heavy rains this spring. Robert Lischge and Bob Hrezo presented. Listerman said it’s more than what they can do with in-house crews. Listerman said it’s in line with what he thought it should cost. Kraus Sr said that gravel will not work there- Hrezo said they will seal it and they will line the ditches along the road. He doesn’t think it’s worth $70,000. Barrett asked who built a road that only lasted a year or less. Listerman said it will only hold with a hard surface- but it’s costly. They are thinking of something similar to a double coat of chip seal. The plant has to be pumped out periodically. Morris motioned , Messmore 2nd. Approved.
Dearborn County Juvenile Center requested several amounts for a youth attendants – all from Riverboat revenue for an employee that had been dropped from their budget due to a clerical error. Kraus said it wasn’t in his 2010 budget either.Youth attendant III- $16,789
FICA- $1285
PERF- $1176
Part time Youth attendants- $13,872
Part time youth attendant- $5,000
FICA- $1.444
Council approved all but the $5,000 and Lansing voted Nay. [NOTE: Kraus Sr. was adamant that this was not a position filled even in previous year’s budget and yet I did not hear him vote Nay.]
Park Board- Steve Walker and Jim RedElk- they put together a flow chart that showed the steps for park board funding and went over it with Gayle Pennington. The new non-reverting capital building budget that Council approved last year. The funding comes from a percentage of riverboat revenue. The fund has $38,500 in it now. Listerman explained that you don’t ask for funds to be appropriated- you just come in for a transfer. Also they had $32,000 that they carried over as unspent capital and they want to spend that for signage and fencing at Bright Meadows. It had been appropriated. So they can just get the bids for fencing. It has already been appropriated. They just submit their claims against that $32,000.
Steve Walker said they want the council to establish an ordinance under state law to be able to obtain funds from other sources and be able to sequester those funds. This will enable the board to use these funds and they are not provided by the Council. Fundraisers, grants, contributions will fund this. They have over 360 acres in County Farm that require improvement- so do other parks that need restrooms. They may use a small fee for major user functions at some parks. Pennington said Animal Control had a 188 fund for donations and they are not part of County General. Park Board is trying to lift some of the burden of funding. They are proposing an operating non- reverting fund also. Park website has a way to register for usage of park spaces. Many ask about what the fee is for that. Messmore said he wants to look at a draft ordinance for this. RedElk said they may use the library funding structure or Hamilton County parks as a model. They will have Bob Ewbank- the Park Board attorney -prepare an ordinance. Council approved getting an ordinance drafted. Barrett and Kraus, Sr. Nays.
Park Board also has property available to add to the future development of county farm the DNR process requires matching funds to be on hand for a grant. There is a 5-year plan in place so they are eligible to pursue this now. This property they want to pursue is one parcel away from County Farm on Lattire Road. This could be where the firing range could go. The current one is a potential impediment to county farm. The hiking path is above the shooting range- and also the flat are would be suitable for sport fields. The Park Board can use their funds to match for this grant. Council approved.
Todd Listerman- County Engineer- 2 summer interns- to help finish sign installation and inventory. $110-130,000 for consultant to do it. $11.50per hour for $26,680 total. Council approved.
Out of 172 account- Listerman wants to spend for improvements:
Striping for 1000 vpd or more except Yorkridge and Old 52 already done. Yellow and white stripes. $ 115,000 approved.
5 school warning flashers on 3 schools at 90/10 reimbursement. Total cost less than $15,000 when finished, but need to set aside $25,000 and part will be reimbursed. Approved.
Salt buildings- Cousins Construction $56,600 approved to build these out of 172.
Equipment replaced on a yearly cycle- scaled back so they want to replace a tandem for $170,000 and tractor $65,000 this year. He wants to do one each for each of the next 3 years. Approved out of 172.
Due to the wet spring- there are many slips. FEMA looked at some of their roads today and INDOT will be back to look at major collectors later. They are looking to get some federal funds. He is asking for $100,000 for doing minor slip repairs. Current fixes are temporary. Approved out of 172.
Commissioners asked Todd Listermanto talk to Council about funding options. He passed out articles and funding trends. He showed the gas tax being used for several other things besides roads. State police went from 56 million off the top to 86 million now. This is our only funding. He is trying to pave road once every 24 years. It would take $2.84 million annually to do this. He talked about a wheel tax that would raise $1million a year. Bridges need over a million a year. Culverts need an additional too. Property taxes cover this. 17 bridges should have been replaced at the end of 2010. Backlogged. He doesn’t want to raise taxes- but where to get the money? Messmore said they should be asking for the money back from the state that they took for other entities.
Council took info under advisement.
911- Gayle Pennington spoke on this- requested $22,000 from the 911 Fund for 911 trunk lines- the fees that get collected will cover this by the end of the year. There is no money in there now. Approved.
Gayle Pennington-EMS training- $4,000 in budget and it came in at less than that. Approved.
All real estate records were computerized for $929 to have then all printed. Approved.
Kraus asked for Hensley who asked to fill a position- approved with Messmore NAY. Kraus asked Messmore to explain his nay vote. Messmore said they could use other staff perhaps from other areas.
County Auditor-FROM THE EXECUTIVE SESSION- Gayle Pennington requested $6,400 from Riverboat Revenue for the Deputy Sheriff matrix payroll adjustment. Council voted to deny request pending an audit.
Meeting adjourned at 9:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Dennis Kraus. Sr., President, Dan Lansing, Jim Hughes, Liz Morris, Maynard Barrett, Bryan Messmore, and Bill Ullrich.
Also present: Gayle Pennington, Auditor and Bill Ewbank, County Coordinator
Commissioner Tom Orschell- said RQAW had a charette last year and it showed that Hoosier Square was needed for space addition. Also everyone thought that the jail addition was a priority. He asked the Council for direction since it takes 7 unanimous votes to take money out of the Riverboat Savings. Kraus Sr. said we don’t have a unanimous vote yet. He said we could free up $750,000 a year by not putting it in a bank. Liz Morris said that they don’t know what the commissioners want. Orschell said we have the predesign plans and the financing plans with six scenarios. Joe Mrak of RQAW said we need direction before we go further. Schematic design phase is in the neighbporhood of $150,000. Bryan Messmore said- The scope of this project is about $15million estimated. That puts it in the referendum range. This won’t pass referendum- so we’d have to get a lower cost alternative. Lansing said it should go to a referendum. Let’s see what the people want first. Then we can talk about alternatives. Morris and Ullrich weren’t in favor of referendum. He said we are to the point we could break ground this year, but I’m not sure it won’t pass. People need to do their homework. We could end up under a court order and we could lose control of it. Lansing said- we HAVE a plan- if the court ordered it we could use our plan. Jim Hughes is in favor of a referendum.
Four were in favor of referendum ( Lansing, Hughes, Messmore, and Kraus, Sr.) Ullrich, Morris, and Barrett were not.Morris said the referendum went in a few years back in reaction to school construction projects. This is the public’s money and we are elected to monitor it.
Referendum is the Council’s direction. Orschell thanked Council for their input.
Judge Cleary requested a court reporter to replace one that is going to retire. He wants it to remain a position that is county funded. He wants the new hire to come in using some part time funds to train in early. He will use bail bond funds to cover the sick time and vacation that his current reporter has accrued. Approved.
Bill Ewbank- County Coordinator- presented the plan for Hoosier Square - 17 officials and dept heads have put together the plan for utilization of space to accommodate the new space purchased etc. He thanked RQAW for their continual help with this. Hoosier Square will take Community Corrections and 2 probation depts. this will consolidate our offenders in one building. This gives us one restroom for drug testing.
In adm bldg- recorder to 3rd floor for more space. County Surveyor will have more space and hold GIS maps. Coroner has a small space. A small conference room will be carved out of Health. 2nd floor stays the same. 1st floor will have Health Dept in recorder’s area. Community Corrections and the Building Dept will be Building and PZ and a small area for DCRSD. Veteran’s office remains in place. Permitting agencies will all be on the same floor. It puts all high traffic areas on the first floor. This helps janitorial staff as well.
The Courthouse is the final piece of the puzzle. County Clerk will move to Circuit Court Probation. Sup Court 2 will be on 2nd floor adjacent to her offices. This will add 600 sq ft to prosecutor who will move his deputies to the 3rd floor. Long term for the county, this helps with security too.
Wants funding to adapt Water Rescue to long term records storage. It needs some siding and seams closed. The basement of the courthouse has too much paper. This will help. $1.25 million for all the 3 buikldings- Hoosier Square, Votaw , and Shumway. We have $218,000 left. Votaw will be demolished in 6 months and Lawrenceburg will demolish Shumway for us.
He wants an additional $458,483.50 to pay for everything he’s described. That brings the total to $1.75 million. This is not perfect- but it is cheaper and quicker. We could divide this amount over 2 years. By the time we get through Hoosier Square it will be December anyway. He wants the money for the records storage also.
Next year revisit the numbers and move the adm and courthouse offices around. We will need $190,000 this year plus the money left over from the original plans. Ullrich praised the plan and presentation.
Negangard wanted them to realize this was not the final plan- as they are short on judge and prosecutor space even with this.
Messmore analyzed some of the numbers and questioned the water rescue and adm moves. No more than $190,000 was approved out of Riverboat contingency in a motion by Ullrich and Morris. Approved.
Negangard praised Ewbank’s work. Negangard encouraged them to continue on the jail as it houses robbers, thieves, drug dealers, child molesters, and those who would harm us. Council should not just rely on referendum to solve this. He thought legal action to force jail building would make the $15 million seem like a drop in the bucket.
County Prosecutor Aaron Negangard requested the following from Riverboat Revenue:
$25,000 for Region 15 Child Advocacy Center Costs- Negangard said that this has allowed cases to be addressed faster. It has made his job easier in prosecuting child molesters. 477 children had been interviewed so far. There has been a budget shortfall and hopes the Guns and Hoses fundraiser will help. This is a one -time request to cover a budget shortfall this year. The most significant number of children served by this are Dearborn County’s residents. He chose $25,000, because he had originally asked for $75,000 and they gave him $50,000. Council asked about this being a one time thing,. He said he may come back in future years.[ NOTE: So it’s not really a one-time thing and the grants may not cover it all.]Lansing asked if this was in his annual budget. Negangard is optimistic that grants and Lawrenceburg etc will help out. Lansing motioned and Morris 2nd to approve the $25,000. Approved.
The following 3 items were requested at budget and it was cut out. Negangard anticipates he will run out of these this fall.
$4,000 for office supplies- Morris said $2,000 should bring him to $10,000. Approved for $2,000.
$3,000 for code books- they keep one set updated – the rest they use the computer for. Negangard explained how this was necessary because of the new laws and all the case laws attached. He acknowledged it is a pretty good racket. They had approved $2,000 and the previous year needed $5,000. He’s asking for $3,000 to bring it up to the $5,000 again. Approved
$2,000 for publication and advertising- this includes copies for court cases etc. Approved.
Negangard then added that one of his employees- an SCU investigator position will be out for maternity leave and won’t be returning. (This is Summer McCarroll’s position that was funded in full by a JAG grant))He wants to hire Sarah Slayback (who is a part timer now) to fill that position when it comes open. [NOTE: Does the JAG grant no longer cover this?]
Morris has no problem with filling this position- sounds like it is necessary. Approved.
Pregnancy Care Center- requested money from Riverboat revenue for blankets and quilts for newborns. 77 babies received blankets. They are requesting money just for the materials to make these. They would like $1,000 again this year. Approved. Messmore voted Nay- no reason given.
Greg Townsend – Special Olympics- for Ripley Dearborn and Ohio counties. 46 competing- and 30+ are form Dearborn county. $1500 is requested for the 11 minors that are competing this year. Kraus Sr. said we usually limit it to $1,000. Council approved $1500.
Animal Control/PAWS Contract requested $60,000 from County General to cover the last 6 months of this year. Bill Ewbank presented a breakdown of costs previously incurred for Animal control. He presented the plan of putting our ACO’s with space at the new shelter off Industrial Drive on Charles Liddle Drive. This might be reduced by $10-20,000 as the building won’t be ready until August or so. $9,883/month was the average the county previously spent on shelter in the past. The contract is for $10,000/month. Morris is comfortable with the numbers. Approved $10,000/month pending the signing of the contract.
Council approved temporary workers to cover the time until the shelter opens. Her previous workers quit as they knew the job was ending. Wages are $7.50 an hour.
County Treasurer Barb Kaffenberger requested $5,000 from Riverboat for the Investment Advisory Service for investing public funds. They will develop a structured investment program. She has talked with Umbaugh and Associates. They will potentially help them earn 2-3 times what they are now. This is a one time deal. Approved.
DCRSD requested $70,000 from Fund 173 to repair the road leading to the High Ridge sewer plant that was damaged due to heavy rains this spring. Robert Lischge and Bob Hrezo presented. Listerman said it’s more than what they can do with in-house crews. Listerman said it’s in line with what he thought it should cost. Kraus Sr said that gravel will not work there- Hrezo said they will seal it and they will line the ditches along the road. He doesn’t think it’s worth $70,000. Barrett asked who built a road that only lasted a year or less. Listerman said it will only hold with a hard surface- but it’s costly. They are thinking of something similar to a double coat of chip seal. The plant has to be pumped out periodically. Morris motioned , Messmore 2nd. Approved.
Dearborn County Juvenile Center requested several amounts for a youth attendants – all from Riverboat revenue for an employee that had been dropped from their budget due to a clerical error. Kraus said it wasn’t in his 2010 budget either.Youth attendant III- $16,789
FICA- $1285
PERF- $1176
Part time Youth attendants- $13,872
Part time youth attendant- $5,000
FICA- $1.444
Council approved all but the $5,000 and Lansing voted Nay. [NOTE: Kraus Sr. was adamant that this was not a position filled even in previous year’s budget and yet I did not hear him vote Nay.]
Park Board- Steve Walker and Jim RedElk- they put together a flow chart that showed the steps for park board funding and went over it with Gayle Pennington. The new non-reverting capital building budget that Council approved last year. The funding comes from a percentage of riverboat revenue. The fund has $38,500 in it now. Listerman explained that you don’t ask for funds to be appropriated- you just come in for a transfer. Also they had $32,000 that they carried over as unspent capital and they want to spend that for signage and fencing at Bright Meadows. It had been appropriated. So they can just get the bids for fencing. It has already been appropriated. They just submit their claims against that $32,000.
Steve Walker said they want the council to establish an ordinance under state law to be able to obtain funds from other sources and be able to sequester those funds. This will enable the board to use these funds and they are not provided by the Council. Fundraisers, grants, contributions will fund this. They have over 360 acres in County Farm that require improvement- so do other parks that need restrooms. They may use a small fee for major user functions at some parks. Pennington said Animal Control had a 188 fund for donations and they are not part of County General. Park Board is trying to lift some of the burden of funding. They are proposing an operating non- reverting fund also. Park website has a way to register for usage of park spaces. Many ask about what the fee is for that. Messmore said he wants to look at a draft ordinance for this. RedElk said they may use the library funding structure or Hamilton County parks as a model. They will have Bob Ewbank- the Park Board attorney -prepare an ordinance. Council approved getting an ordinance drafted. Barrett and Kraus, Sr. Nays.
Park Board also has property available to add to the future development of county farm the DNR process requires matching funds to be on hand for a grant. There is a 5-year plan in place so they are eligible to pursue this now. This property they want to pursue is one parcel away from County Farm on Lattire Road. This could be where the firing range could go. The current one is a potential impediment to county farm. The hiking path is above the shooting range- and also the flat are would be suitable for sport fields. The Park Board can use their funds to match for this grant. Council approved.
Todd Listerman- County Engineer- 2 summer interns- to help finish sign installation and inventory. $110-130,000 for consultant to do it. $11.50per hour for $26,680 total. Council approved.
Out of 172 account- Listerman wants to spend for improvements:
Striping for 1000 vpd or more except Yorkridge and Old 52 already done. Yellow and white stripes. $ 115,000 approved.
5 school warning flashers on 3 schools at 90/10 reimbursement. Total cost less than $15,000 when finished, but need to set aside $25,000 and part will be reimbursed. Approved.
Salt buildings- Cousins Construction $56,600 approved to build these out of 172.
Equipment replaced on a yearly cycle- scaled back so they want to replace a tandem for $170,000 and tractor $65,000 this year. He wants to do one each for each of the next 3 years. Approved out of 172.
Due to the wet spring- there are many slips. FEMA looked at some of their roads today and INDOT will be back to look at major collectors later. They are looking to get some federal funds. He is asking for $100,000 for doing minor slip repairs. Current fixes are temporary. Approved out of 172.
Commissioners asked Todd Listermanto talk to Council about funding options. He passed out articles and funding trends. He showed the gas tax being used for several other things besides roads. State police went from 56 million off the top to 86 million now. This is our only funding. He is trying to pave road once every 24 years. It would take $2.84 million annually to do this. He talked about a wheel tax that would raise $1million a year. Bridges need over a million a year. Culverts need an additional too. Property taxes cover this. 17 bridges should have been replaced at the end of 2010. Backlogged. He doesn’t want to raise taxes- but where to get the money? Messmore said they should be asking for the money back from the state that they took for other entities.
Council took info under advisement.
911- Gayle Pennington spoke on this- requested $22,000 from the 911 Fund for 911 trunk lines- the fees that get collected will cover this by the end of the year. There is no money in there now. Approved.
Gayle Pennington-EMS training- $4,000 in budget and it came in at less than that. Approved.
All real estate records were computerized for $929 to have then all printed. Approved.
Kraus asked for Hensley who asked to fill a position- approved with Messmore NAY. Kraus asked Messmore to explain his nay vote. Messmore said they could use other staff perhaps from other areas.
County Auditor-FROM THE EXECUTIVE SESSION- Gayle Pennington requested $6,400 from Riverboat Revenue for the Deputy Sheriff matrix payroll adjustment. Council voted to deny request pending an audit.
Meeting adjourned at 9:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, May 24, 2011
23 May 2011 Dearborn County Plan Commission Meeting Notes
23 May 2011 Dearborn County Plan Commission Meeting Notes
Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Jeff Hughes, Jake Hoog, and Dan Lansing.
Absent: Ken Nelson and Mike Hornbach.
Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.
Also present: Commissioners Hughes and Orschell, and Bill Ewbank, County Coordinator. Commissioner McHenry wasn’t available.
Meeting began at 6 PM with a presentation of Jeff Hughes’s proposed ordinance previously published on the blog and also available on the county’s official website- main page. This part of the meeting occurred at a table with the commissioners and plan commission. The rest of the government staff and audience sat in the audience area around them. It was not easy to hear as there was a mike on the table serving the recording device- but it didn’t project to the room.
Mike Hall asked Jeff Hughes to present his ordinance.
Hughes said that he thought that if the government does something that harms a citizen they should pay for it. This was just an initial first shot. He said citizens he talked to agreed that people should be compensated if the government makes a decision that harms them. Laws aren’t always about right and wrong. If this is something that is really needed than the society will pay for it. People who liked it asked also for a definition of a nuisance.
Kraus Jr. – said maybe we should tackle the actual ordinances that you think are the problem.
Lansing said- this will be very costly to the county.
Hoog- agreed that ordinances put an economic hardship on the citizens- won’t this put the hardship on all the citizens?
Hughes said- this spreads it out. Hughes said when a landowner is denied a use for his land because neighbors want it to stay fallow land then he should be compensated.
Lehman and Lansing discussed the idea that both the neighbors and the developer can sue either way the decision goes.
Orschell said if Rumpke offered $1million for a dump site and PC denied it, would the county have to compensate him $1million? Hughes- Yes.
Orschell said he thinks we have a system in place- the courts decide.
Hoog said he believes your property is only worth what a consumer will pay for it. It doesn’t matter what a realtor, assessor, banker, etc. says it is worth. The real worth is what someone actually pays for it.
Hughes said when we get to the arbitrary “quality of life” and ”appropriateness” issues that it gets arbitrary.
Orschell said he thought Hughes wanted less government and this is putting another layer of government on people’s lives.
Lehman asked – where does the money come from to pay the entity suing. If the neighbor’s sue- does the developer pay for his property devaluation? Hughes said no. Lehman said- what if the developer brings sewer down and then the neighbors have to pay to hook-up?
Orschell asked again- do the taxpayers pay no matter who is devalued? Hughes -Yes.
Hall said- cost is the biggest issue. He said the attorneys can have two different interpretations of the same law. And when they get to arguing, the clients both will lose something. The law has to be written to protect the county form frivolous lawsuits. He would prefer to attack the parts of the ordinance that cause the problem.
Lehman asked about the state law on impact fees. Are we asking for an account that has to be set up for the 180 days until this all is settled out. Hughes said he didn’t think that would work that well.
Orschell asked for Hughes to give some specific cases where he thinks the person’s property rights were violated. Hughes mentioned the Glenn property- but the PC members noyed that was not a county decision. They couldn’t get utilities. Greendale decided that.
Lansing asked- WHO will decide if they get compensation from the county and how much.
Hughes said that would have to be figured out.
Commissioners don’t have the experience. Council doesn’t. Would we have to hire somebody?
Hughes said that has to be figured out.
The severe weather alert sirens went off at 6:45 PM. Reported tornado touchdown in Penntown area. Warning until 7:15 PM
Hughes said he will get some more ideas together, before it goes further. [NOTE: It appears there are a lot of holes in the ordinance as it stands. There also does not seem to be a clear way to determine who would decide if the plaintiff had a case for compensation or not. And the taxpayers would bear the entire expense. It was UNCLEAR as to what county decisions lead to the perceived need for this ordinance.]
Ten minute break till 7 PM.
OLD BUSINESS TO BE REOPENED:
Request: Vacate a portion of Happy Hollow Road.
Applicant: Rob Seig / Owner: David Lykins
Site Location: Happy Hollow Road
Legal: Sec.5,6,8, T 6, R 2, Map # 05-05,05-06,05-08, Parcel # 008,
008.001, 004, 012, & 001
Township: Jackson & York Size: 5.169 Acres
Zoning: Agricultural (A)
Applicant requested it be tabled till next month. Plan Commission approved tabling.
Administrative:
Financial Guarantee Report- presented to the board and noted that some bonds were renewed.
Fee schedule- Some fees were clarified under the fee schedule, but none were changed. These have been in effect for 6 years.
Some fees for maps etc are lower than the ones that will be charged for some of the GIS ones. He asked if the board wanted to go to the standardized ones or what the current PZ fees are.
He said they could address it next month.
Zoning committee met last week and he also gave them and the PC members the new state law that goes into effect in July. He’s trying to get a person here to train the PC and BZA on this law.
Staff working on grants for about 4 entities this year. The latest is about $40,000 for animal control.
St. Leon Updates- They unanimously accepted it in St. Leon. They are also working on an economic development plan up there also.
July or August will meet with zoning committee meeting. Due to vacations and maternity leave in the office, they did not plan to do this in June.
Meeting adjourned at7:20 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Jeff Hughes, Jake Hoog, and Dan Lansing.
Absent: Ken Nelson and Mike Hornbach.
Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.
Also present: Commissioners Hughes and Orschell, and Bill Ewbank, County Coordinator. Commissioner McHenry wasn’t available.
Meeting began at 6 PM with a presentation of Jeff Hughes’s proposed ordinance previously published on the blog and also available on the county’s official website- main page. This part of the meeting occurred at a table with the commissioners and plan commission. The rest of the government staff and audience sat in the audience area around them. It was not easy to hear as there was a mike on the table serving the recording device- but it didn’t project to the room.
Mike Hall asked Jeff Hughes to present his ordinance.
Hughes said that he thought that if the government does something that harms a citizen they should pay for it. This was just an initial first shot. He said citizens he talked to agreed that people should be compensated if the government makes a decision that harms them. Laws aren’t always about right and wrong. If this is something that is really needed than the society will pay for it. People who liked it asked also for a definition of a nuisance.
Kraus Jr. – said maybe we should tackle the actual ordinances that you think are the problem.
Lansing said- this will be very costly to the county.
Hoog- agreed that ordinances put an economic hardship on the citizens- won’t this put the hardship on all the citizens?
Hughes said- this spreads it out. Hughes said when a landowner is denied a use for his land because neighbors want it to stay fallow land then he should be compensated.
Lehman and Lansing discussed the idea that both the neighbors and the developer can sue either way the decision goes.
Orschell said if Rumpke offered $1million for a dump site and PC denied it, would the county have to compensate him $1million? Hughes- Yes.
Orschell said he thinks we have a system in place- the courts decide.
Hoog said he believes your property is only worth what a consumer will pay for it. It doesn’t matter what a realtor, assessor, banker, etc. says it is worth. The real worth is what someone actually pays for it.
Hughes said when we get to the arbitrary “quality of life” and ”appropriateness” issues that it gets arbitrary.
Orschell said he thought Hughes wanted less government and this is putting another layer of government on people’s lives.
Lehman asked – where does the money come from to pay the entity suing. If the neighbor’s sue- does the developer pay for his property devaluation? Hughes said no. Lehman said- what if the developer brings sewer down and then the neighbors have to pay to hook-up?
Orschell asked again- do the taxpayers pay no matter who is devalued? Hughes -Yes.
Hall said- cost is the biggest issue. He said the attorneys can have two different interpretations of the same law. And when they get to arguing, the clients both will lose something. The law has to be written to protect the county form frivolous lawsuits. He would prefer to attack the parts of the ordinance that cause the problem.
Lehman asked about the state law on impact fees. Are we asking for an account that has to be set up for the 180 days until this all is settled out. Hughes said he didn’t think that would work that well.
Orschell asked for Hughes to give some specific cases where he thinks the person’s property rights were violated. Hughes mentioned the Glenn property- but the PC members noyed that was not a county decision. They couldn’t get utilities. Greendale decided that.
Lansing asked- WHO will decide if they get compensation from the county and how much.
Hughes said that would have to be figured out.
Commissioners don’t have the experience. Council doesn’t. Would we have to hire somebody?
Hughes said that has to be figured out.
The severe weather alert sirens went off at 6:45 PM. Reported tornado touchdown in Penntown area. Warning until 7:15 PM
Hughes said he will get some more ideas together, before it goes further. [NOTE: It appears there are a lot of holes in the ordinance as it stands. There also does not seem to be a clear way to determine who would decide if the plaintiff had a case for compensation or not. And the taxpayers would bear the entire expense. It was UNCLEAR as to what county decisions lead to the perceived need for this ordinance.]
Ten minute break till 7 PM.
OLD BUSINESS TO BE REOPENED:
Request: Vacate a portion of Happy Hollow Road.
Applicant: Rob Seig / Owner: David Lykins
Site Location: Happy Hollow Road
Legal: Sec.5,6,8, T 6, R 2, Map # 05-05,05-06,05-08, Parcel # 008,
008.001, 004, 012, & 001
Township: Jackson & York Size: 5.169 Acres
Zoning: Agricultural (A)
Applicant requested it be tabled till next month. Plan Commission approved tabling.
Administrative:
Financial Guarantee Report- presented to the board and noted that some bonds were renewed.
Fee schedule- Some fees were clarified under the fee schedule, but none were changed. These have been in effect for 6 years.
Some fees for maps etc are lower than the ones that will be charged for some of the GIS ones. He asked if the board wanted to go to the standardized ones or what the current PZ fees are.
He said they could address it next month.
Zoning committee met last week and he also gave them and the PC members the new state law that goes into effect in July. He’s trying to get a person here to train the PC and BZA on this law.
Staff working on grants for about 4 entities this year. The latest is about $40,000 for animal control.
St. Leon Updates- They unanimously accepted it in St. Leon. They are also working on an economic development plan up there also.
July or August will meet with zoning committee meeting. Due to vacations and maternity leave in the office, they did not plan to do this in June.
Meeting adjourned at7:20 PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, May 17, 2011
17 May 2011 Dearborn County Commissioners Meeting Notes
17 May 2011 Dearborn County Commissioners Meeting Notes
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
Commissioners had a one hour executive session prior to the meeting and at the regular meeting voted to allow the employee donating time to complete the AP and wait for further from the doctor. Regular meeting started at 9:30 AM
OLD BUSINESS
1. Real property endorsement fee- Baudendistel read the resolution into the record which allows the $5.00 fee and will be used for maintaining plat books in a dedicated account. Commissioners approved.
2. Private Real Property Rights Preservation Ordinance- tabled until after the PC meeting next week.
3. Animal Control/PAWS contract- no action until the Council meeting next week on May 25th.
NEW BUSINESS
Intersection of Short Rd and North Dearborn Rd- Todd Listerman was asked to look at that intersection’s safety by Hughes. Listerman said there is limited sight distance looking east. Signage was placed there to make people aware of the intersection. He had Howard Barth and Associates take a quick look to see about alignment. They suggested realigning it to match with EZ Way Drive. Estimated cost is $450,000 to do this. He gave them the pictures of how to do this. The developer would probably accommodate this. Hughes asked what would happen if they closed the intersection and made it a dead end. Through traffic would not be as affected as the people who live right there, it could add about 3 miles to them to go around the loop. Cost is high because of utility movement. Hughes said to keep working on that to find something less costly. Maybe talk to the developer (Tucker and Schmidt) for his input. They had been granted a one year extension on their primary plat earlier this year per Kraus, Jr. Hughes was surprised at the cost- he had hoped they could just shave the hill off. Kraus Jr. told him there is amass of utilities in that hill. Listerman was worried about fill as it would take a lot of dirt and it would use land beyond the county right of way. If it developed they could see what could be done. Listerman will talk to Schmidt.
HIGHWAY DEPARTMENT- Todd Listerman-gave the following report:
Last fall county pulled letter of credit for Hillsprings Development and received quotes and the work has been completed. He asked commissioners to accept Hillsprings Court officially – a distance of 0.14 miles. Listerman was there and the contractor had a testing company to do the report and all meets county standards. There are 4 houses on that currently. Commissioners accepted the road.
Bidding for salt bldg- Cousins Construction- $173,800 is the low bid. Sedam $174,600Poole group $190,000, and Maxwell $219,000. We have $100,000 grant and asking permission to go to Council for the $56,600 remainder to finish the roof. The rest is already in the budget. He wants approval to go ahead if they get the money from Council. Hughes asked if Grieve thought this was an effective way to handle the salt. Geive concurred with Listerman. This allows the stockpile to be on hand. It’s hard to get when everyone needs it at the same time. It also keeps it dry- so less is lost in the rain. Commissioners approved Listerman seeking $56,600 from Council and also allowed approval to award the contract for $173,800 to Cousins Construction PENDING Council approval of the money.
On Ester Ridge by Happy Hollow and Bonnell by Yorkridge- Osmosis Construction- with the railroad will close these intersections from 7am-5 pm. These will be closed 3 days at a time for railroad work. They will get it on the radio WSCH and WRBI and the paper.
Grieve answered Orschell’s question on getting private mowers. He said that he has one individual that they will test in a pilot program probably. Mowing started yesterday. Grieve said they really need 2 full time people for sure. Listerman said there will be 4 openings coming up soon per Listerman. Hughes said he should bring up numbers for them to consider.
Hughes asked about the Moores Hill issue. Utility work encroached on the county’s ROW. County approved corrective action to repair Volz Rd. The repairs are not completed yet. They are working thru Moores Hill to get Bracken to finish this.
Listerman said we won’t turn down part time either. They were going to get interns to do sign inventory. They have not completed the installation of all the new traffic signs. They may use seasonal help to have resign completed. How long before this is due? Listerman said by the beginning of 2013 and they hope to finish it this summer. By the end of 2011 we have to have the policy set on how we will do this. The street signs don’t have to be in place till 2018. Grieve trying to get all this work scheduled.
AUDITOR- Gayle Pennington- Claims were approved. Minutes were approved.
ATTORNEY- Andy Baudendistel- nothing more.
COUNTY COORDINATOR- Bill Ewbank- request from SEIRPC to have Hughes sign off on grant completion for the Children County Child Advocacy Center. Total cost was $426,793. This finishes that grant off. Hughes signed.
Update on status of predesign on Hoosier Square and reassigning space in ADM Bldg and Courthouse. They will look at resolution of Superior Court II space at their meeting at noon today. Ewbank said they have found common agreement among most of the departments. $458,483.50 will be requested form Council May 25th for that. He will have a more extensive report and showing actual design and prices for each component part. Orschell said its gone well and he didn’t do anything- he was “smart enough to keep his mouth shut.”Ewbank said it’s been a successful process.
Ashley Newnam from Planning and Zoning with Marlene Underwood , Director of Animal Control, seeking a grant from the DC Foundation needing standard equipment and transportation of animals. Animal Control is proposing $30,000 for the vehicle as our match for about 37% of projected cost. The match has been accumulated in Animal Control account. Orschell thimks this will improve safety for the personnel and the animals. Officers will be trained and certified for the tasers and the rifle. Deadline is May 31st for the grant. They take 3 months to decide before awards are given. They will pursue other funding resources too. Commissioners approved. Highway dept testified that the vehicles the ACO’s use are junk- as they service them. Commissioners approved Hughes to sign the grant application.
Michael Burgess – veteran’s service officer- requested approval to get a grant to get vehicles appropriately equipped to transport mobility challenged people. Wheel chair lifts and fold down seats as needed. He wants to get a grant thru the DC Foundation. Mobility Works in Cincinnati equips these vehicles. They have $9,000 donated from various agencies. They need $73,500 from the grant to get these two units. This also has to be in by the 31st of May. These will last 5-6 years without major repairs. Commissioners approved the grant application for Hughes to sign when completed.
Ewbank said they will need to invest in the type of equipment several of our departments need to do their tasks. They should plan for this.
Tim Grieve- require USDA assistance for the NRCS under the emergency watershed protection to fix the flooding damage. We will pay 25% and USDA is 75%. Our 25% can be in labor costs doing some of the work. This is a different avenue than FEMA. This is for Cook Road off of SR 1 – it’s a catastrophic failure – they aredown to one lane. There is only so many FEMA dollars- so this will help fix what FEMA can’t cover. This incident will actually qualify for these dollars. Commissioners approved Grieve going to USDA for these funds.
COMMISSIONER COMMENTS- none
LATE ARRIVAL INFORMATION- Dennis Kraus Jr. working as a private surveyor- not as County Surveyor on Nolte Road ROW. Baudendistel told Commissioners that they can approve the preliminary apparent ROW today. They can then have publication and public hearing on this.
Kraus. Jr. showed pictures, gates, mailboxes and remnants, as well as two old atlas maps. The old creek has washed out the other end. Neither of the two property owners he spoke to seemed to disagree that this was the way to the Larson property. He used 36 feet and the county will occupy about 25 ft. He located the centerline of the old road bed and went 18 ft on each side. On the Stenger property they had actual measurements on dedicated ROW from a 2001 survey. They thought that was an estate survey. The county cannot recognize anything more than 20 ft half ROW for apparent ROW per Baudendistel and state code. He went through the 1980’s commissioners meeting minutes and found no documentation.
Buadendistel said they need to publicize two times and the last at least 3 days before the hearing. They have to notify all adjoiners. They would then hear the public, accept or deny. They are wanting a June 7th hearing date. Commissioners approved the preliminary finding of apparent ROW down to the Larson on Nolte Road. Hearing is set for June 7th.
PUBLIC COMMENT- none
Meeting adjourned at 11 AM
Christine Brauer Mueller
Lawrenceburg Township
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
Commissioners had a one hour executive session prior to the meeting and at the regular meeting voted to allow the employee donating time to complete the AP and wait for further from the doctor. Regular meeting started at 9:30 AM
OLD BUSINESS
1. Real property endorsement fee- Baudendistel read the resolution into the record which allows the $5.00 fee and will be used for maintaining plat books in a dedicated account. Commissioners approved.
2. Private Real Property Rights Preservation Ordinance- tabled until after the PC meeting next week.
3. Animal Control/PAWS contract- no action until the Council meeting next week on May 25th.
NEW BUSINESS
Intersection of Short Rd and North Dearborn Rd- Todd Listerman was asked to look at that intersection’s safety by Hughes. Listerman said there is limited sight distance looking east. Signage was placed there to make people aware of the intersection. He had Howard Barth and Associates take a quick look to see about alignment. They suggested realigning it to match with EZ Way Drive. Estimated cost is $450,000 to do this. He gave them the pictures of how to do this. The developer would probably accommodate this. Hughes asked what would happen if they closed the intersection and made it a dead end. Through traffic would not be as affected as the people who live right there, it could add about 3 miles to them to go around the loop. Cost is high because of utility movement. Hughes said to keep working on that to find something less costly. Maybe talk to the developer (Tucker and Schmidt) for his input. They had been granted a one year extension on their primary plat earlier this year per Kraus, Jr. Hughes was surprised at the cost- he had hoped they could just shave the hill off. Kraus Jr. told him there is amass of utilities in that hill. Listerman was worried about fill as it would take a lot of dirt and it would use land beyond the county right of way. If it developed they could see what could be done. Listerman will talk to Schmidt.
HIGHWAY DEPARTMENT- Todd Listerman-gave the following report:
Last fall county pulled letter of credit for Hillsprings Development and received quotes and the work has been completed. He asked commissioners to accept Hillsprings Court officially – a distance of 0.14 miles. Listerman was there and the contractor had a testing company to do the report and all meets county standards. There are 4 houses on that currently. Commissioners accepted the road.
Bidding for salt bldg- Cousins Construction- $173,800 is the low bid. Sedam $174,600Poole group $190,000, and Maxwell $219,000. We have $100,000 grant and asking permission to go to Council for the $56,600 remainder to finish the roof. The rest is already in the budget. He wants approval to go ahead if they get the money from Council. Hughes asked if Grieve thought this was an effective way to handle the salt. Geive concurred with Listerman. This allows the stockpile to be on hand. It’s hard to get when everyone needs it at the same time. It also keeps it dry- so less is lost in the rain. Commissioners approved Listerman seeking $56,600 from Council and also allowed approval to award the contract for $173,800 to Cousins Construction PENDING Council approval of the money.
On Ester Ridge by Happy Hollow and Bonnell by Yorkridge- Osmosis Construction- with the railroad will close these intersections from 7am-5 pm. These will be closed 3 days at a time for railroad work. They will get it on the radio WSCH and WRBI and the paper.
Grieve answered Orschell’s question on getting private mowers. He said that he has one individual that they will test in a pilot program probably. Mowing started yesterday. Grieve said they really need 2 full time people for sure. Listerman said there will be 4 openings coming up soon per Listerman. Hughes said he should bring up numbers for them to consider.
Hughes asked about the Moores Hill issue. Utility work encroached on the county’s ROW. County approved corrective action to repair Volz Rd. The repairs are not completed yet. They are working thru Moores Hill to get Bracken to finish this.
Listerman said we won’t turn down part time either. They were going to get interns to do sign inventory. They have not completed the installation of all the new traffic signs. They may use seasonal help to have resign completed. How long before this is due? Listerman said by the beginning of 2013 and they hope to finish it this summer. By the end of 2011 we have to have the policy set on how we will do this. The street signs don’t have to be in place till 2018. Grieve trying to get all this work scheduled.
AUDITOR- Gayle Pennington- Claims were approved. Minutes were approved.
ATTORNEY- Andy Baudendistel- nothing more.
COUNTY COORDINATOR- Bill Ewbank- request from SEIRPC to have Hughes sign off on grant completion for the Children County Child Advocacy Center. Total cost was $426,793. This finishes that grant off. Hughes signed.
Update on status of predesign on Hoosier Square and reassigning space in ADM Bldg and Courthouse. They will look at resolution of Superior Court II space at their meeting at noon today. Ewbank said they have found common agreement among most of the departments. $458,483.50 will be requested form Council May 25th for that. He will have a more extensive report and showing actual design and prices for each component part. Orschell said its gone well and he didn’t do anything- he was “smart enough to keep his mouth shut.”
Ashley Newnam from Planning and Zoning with Marlene Underwood , Director of Animal Control, seeking a grant from the DC Foundation needing standard equipment and transportation of animals. Animal Control is proposing $30,000 for the vehicle as our match for about 37% of projected cost. The match has been accumulated in Animal Control account. Orschell thimks this will improve safety for the personnel and the animals. Officers will be trained and certified for the tasers and the rifle. Deadline is May 31st for the grant. They take 3 months to decide before awards are given. They will pursue other funding resources too. Commissioners approved. Highway dept testified that the vehicles the ACO’s use are junk- as they service them. Commissioners approved Hughes to sign the grant application.
Michael Burgess – veteran’s service officer- requested approval to get a grant to get vehicles appropriately equipped to transport mobility challenged people. Wheel chair lifts and fold down seats as needed. He wants to get a grant thru the DC Foundation. Mobility Works in Cincinnati equips these vehicles. They have $9,000 donated from various agencies. They need $73,500 from the grant to get these two units. This also has to be in by the 31st of May. These will last 5-6 years without major repairs. Commissioners approved the grant application for Hughes to sign when completed.
Ewbank said they will need to invest in the type of equipment several of our departments need to do their tasks. They should plan for this.
Tim Grieve- require USDA assistance for the NRCS under the emergency watershed protection to fix the flooding damage. We will pay 25% and USDA is 75%. Our 25% can be in labor costs doing some of the work. This is a different avenue than FEMA. This is for Cook Road off of SR 1 – it’s a catastrophic failure – they aredown to one lane. There is only so many FEMA dollars- so this will help fix what FEMA can’t cover. This incident will actually qualify for these dollars. Commissioners approved Grieve going to USDA for these funds.
COMMISSIONER COMMENTS- none
LATE ARRIVAL INFORMATION- Dennis Kraus Jr. working as a private surveyor- not as County Surveyor on Nolte Road ROW. Baudendistel told Commissioners that they can approve the preliminary apparent ROW today. They can then have publication and public hearing on this.
Kraus. Jr. showed pictures, gates, mailboxes and remnants, as well as two old atlas maps. The old creek has washed out the other end. Neither of the two property owners he spoke to seemed to disagree that this was the way to the Larson property. He used 36 feet and the county will occupy about 25 ft. He located the centerline of the old road bed and went 18 ft on each side. On the Stenger property they had actual measurements on dedicated ROW from a 2001 survey. They thought that was an estate survey. The county cannot recognize anything more than 20 ft half ROW for apparent ROW per Baudendistel and state code. He went through the 1980’s commissioners meeting minutes and found no documentation.
Buadendistel said they need to publicize two times and the last at least 3 days before the hearing. They have to notify all adjoiners. They would then hear the public, accept or deny. They are wanting a June 7th hearing date. Commissioners approved the preliminary finding of apparent ROW down to the Larson on Nolte Road. Hearing is set for June 7th.
PUBLIC COMMENT- none
Meeting adjourned at 11 AM
Christine Brauer Mueller
Lawrenceburg Township
Friday, May 13, 2011
Agenda for May 17th Commissioners Meeting
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
May 17, 2011
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana
EXECUTIVE SESSION @ 8:30 AM - Personnel Matter
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Real Property Endorsement Fee
2. Private Real Property Rights Preservation Ordinance
3. Animal Control / PAWS contract
IV. NEW BUSINESS
1. Intersection of Short Road & North Dearborn Road
V. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
May 17, 2011
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana
EXECUTIVE SESSION @ 8:30 AM - Personnel Matter
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Real Property Endorsement Fee
2. Private Real Property Rights Preservation Ordinance
3. Animal Control / PAWS contract
IV. NEW BUSINESS
1. Intersection of Short Road & North Dearborn Road
V. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
Wednesday, May 11, 2011
Dan Brewington's Pretrial Hearing is Rescheduled Again
The Indiana Supreme Court appointed judge for the Dan Brewington case drove in fromDecatur County this morning. Judge John Westhafer, came into Dearborn County Superior Court II at 11:20 AM with Prosecutor Aaron Negangard and announced that Brewington's public defender, John Watson, was on his way to a hospital in Batesville, where his son was being taken from his school.
Judge Westhafer said he would get together with the attorneys and prosecutor to arrange another pretrial date as soon as possible.
Judge Westhafer advised Brewington that he had no counsel available and asked if he had any questions. Brewington's Cincinnati attorney, Robert Kelley, shook his head to Brewington, and Brewington answered, "No."
Brewington was taken back to the Dearborn County jail and his family and friends left at 11:30 AM. Earlier, people entering the courtroom were advised to sit on the left side and told that they were not to converse with Brewington.
No news media was present.
Christine Brauer Mueller
Larenceburg Township
Judge Westhafer said he would get together with the attorneys and prosecutor to arrange another pretrial date as soon as possible.
Judge Westhafer advised Brewington that he had no counsel available and asked if he had any questions. Brewington's Cincinnati attorney, Robert Kelley, shook his head to Brewington, and Brewington answered, "No."
Brewington was taken back to the Dearborn County jail and his family and friends left at 11:30 AM. Earlier, people entering the courtroom were advised to sit on the left side and told that they were not to converse with Brewington.
No news media was present.
Christine Brauer Mueller
Larenceburg Township
Wednesday, May 04, 2011
4 May 2011 Dearborn County Commissioners Meeting Notes
4 May 2011 Dearborn County Commissioners Meeting Notes
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
OLD BUSINESS
Real property endorsement fee- Baudendistel will have it at the next meeting. He was confused between this and the ordinance Hughes had proposed. Hughes added that his proposed ordinance would be discussed at the next PC meeting at 6 PM for an hour before the regular meeting.
NEW BUSINESS
1. Dearborn County Hospital reappointment- William Ritzmann’s term expires in June and the board requested his reappointment for 4 years. Commissioners approved.
2. Animal Control/PAWS Contract- Ewbank said that they have a contract that has been reviewed by legal counsel. The terms are pretty much agreed upon.
$60,000 for the rest of this year has been requested from Council. Sandy Carley requested permission to go to Council for this and Commissioners approved. Baudendistel made sure the commissioners knew there was a 360 day termination notice in the contract. He wanted them to know it was a much longer length of time than in a normal contract. The contract won’t be signed until Council approves the level of funding.
3. DCRSD- Steve Renihan- request to go to Council to get funding for the road to the sewer plant as it washed out due to the heavy rains. The estimate is a little high on this to be sure. Road pipe, ditch lines, additional culverts, etc. Listerman also went out to review it and give suggestions. Orschell noted this was a steep grade to access it. Hrezo explained that there was excessive water from the street above that is being diverted now. He also said they will be using bars and barriers to slow the water flow in the ditches too. Washed gravel also filled the catch basins. The road survived other heavy rains- particularly after the Highway dept fixed the flow from Timberview. Hughes asked if this would calculate into the user fees. Renihan said they are trying to avoid that. They are trying to add another 48 homes out in the area. that will help offset this cost. McHenry said- this is fixing something that you wish hadn’t happened – but it is what it is. The rainfall issue was not predictable. Commissioners approve DCRSD to seek money from Counsel for this purpose.
HIGHWAY DEPARTMENT- Todd Listerman- County Engineer gave the following report:
$12,441 contract for flashers at the schools was approved and it is reimburseable at 90% from the feds. Cornerstone Civil Group will be doing the oversight.
Annual operation report for local roads and streets were signed for the state. It shows all the money in each highway account. $615,000 + 133,000+ 2.1 mil+ 1.9 mil was available in the highway accounts at the beginning of the year.
Group 4 application for federal funds for Collier Ridge Bridge replacement was signed. This is in addition to the other money already approved. Commissioners approved Hughes signing it. This is thru INDOT and OKI.
Salt building goes up for rebid- to be opened Monday May 16th.
After looking at annual needs using 172 MvHA substitute account for improvements, Listerman requested they be able to re-stripe roads with 1000 vpd or more again. There are two roads that will not need that this year as they had recently been finished with striping. Hughes asked what the cost is for a private road- Listerman said the county budgets 8 cents this year due to gas prices also. Hughes asked if there was a policy on what would happen if a citizen would want to do it for a county road. Listerman said private costs would be about 15 cents a ft in his estimate. $115,000 for striping was approved for Listerman to seek at Council.
Requesting $25,000 from council for the fall to cover the 5 flashers at the elementary and intermediate schools. Commissioners approved going to Council. This is our 10% of the potential total cost on these.
3 tandems bought in 1997 and 3 mowing tractors about the same age. They want to replace one each for each of the next 3 years. Tandems estimate $170,000 and tractor is $65,000- both fully equipped. These tandems are Mack or Mack equivalent with auto transmission, fully equipped. The district 1 tandem only has 40,000 miles on it. It is in disrepair and it’s a hard truck to drive with a split shift transmission. They use the smaller trucks recently bought for the smaller subdivision streets. Hughes asked if we could use private mowers like the highway does. This is not something people have wanted to do in our smaller roadsides in the past. Listerman will check with the new commissioner in Franklin Cty who does highway work for a living. Commissioners approved Listerman seeking money for one tandem and one mower from Council. McHenry asked them to re-evaluate on that final truck with 40,000 miles in year 3.
Listerman is asking for $100,000 from Council for slip repair to bring the roads back to level prior to the heavy rains. This is not major repair like Collier Ridge. This is to get them navigable. A band-aid fix. Commissioners approved seeking this from Council. They will get geotech work and estimates on real fixes later. They will then prioritize this and see Council. 18 major slips now per Tim Grieve.
Bridge inspections are being done. 460 miles paved road and about 15 miles chip seal and 25 miles of gravel. To try to get road paved once every 24 years would cost 2.8 million a year. If we had a wheel tax dedicated to paving roads we’d get about $1million. That would paved or rejuvenate them once every 69 years. There is also a huge bridge repair need. Some have been repaired with stimulus money. The funding we receive doesn’t come close to funding what we need. He’s going to go to Council to get money sources for this. There was a time when the highway dept had about $7 million and spent about $3million- $1 million per district from the gaming money. Commissioners approved Listerman going to Council for this funding request for a road program and a bridge program.
AUDITOR- Gayle Pennington- claims approved- payroll, claims, and utilities. Pennington thanked them for allowing Rick Hartman to A/C the computer room- it’s at 65 degrees.
Pennington brought up the Sidwell claim and she had held it until the deliverables were obtained. Sidwell knows they are no longer using them and needed no more maintenance after it’s moved over, and they will not need the farmland software- the new company will provide this. The 3 days of training will be completed by the next meeting for the commissioners to sign the claim then and clear out the Sidwell account. There had been some trouble migrating files and Margaret Minzner handled that. They are onto the Beacon site. Hughes said it is pretty impressive to see what it can do. The training will have 12 trainees and Margaret and Ron will be able to help Sidwell’s trainer.
Pennington asked to open a discussion on the personnel policy. She is running into a situation. There is a sick leave donation program that we have. It is used for employee with critical need due to a serious illness or injury. She asked if maternity leave qualified for this. Ewbank noted how generous this policy is compared to industry standards. You could put a cap on how much an employee can receive. He would hate to lose the generous spirit. Hughes suggested surveying the dept. heads by the next commissioners meeting. Policy is that you can only receive a maximum of 60 days per year. They might use an appeal process for this too. This will be discussed next meeting.
ATTORNEY- Andy Baudendistel- Commended law enforcement and responders on the care at Salt Fork and SR 1 yesterday for the terrible accident.
Shumway bldg will be ready for next meeting.
COUNTY COORDINATOR- Bill Ewbank
1. Trending and New Construction- Tyler Technologies for $46,000 and is $15,000 less than last year due to lack of activity in construction. This is for Assessor’s office. Commissioners approved the contract for this.
2. Community Corrections grant acceptance- received notice $499,416 grant approved and letter of acceptance was signed. This is annual funding.
3. Emergency Mgmt- received info that they may need to declare emergency funds for flood damages to roads and repairs. Approved a declaration of emergency in case opportunity arises.
4. Letter of support was signed by commissioners for continued support for Whitewater Canal Byway . Same letter as last one- just continuing support.
5. Proclamation for May as Mental Health Awareness Month for children and Adolescents was signed by Commissioners.
COMMISSIONER COMMENTS
Shane McHenry- they can lease 6 vehicles and 2 aren’t here yet from Japan earthquake issues. They want to prepay the lease on the 2 not here yet to avoid the 2nd lease and increased costs. SBOA said they have to have commissioners know about this. OK with it.
LATE ARRIVAL INFORMATION- none
PUBLIC COMMENT- none
Meeting adjourned at 8:43PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
OLD BUSINESS
Real property endorsement fee- Baudendistel will have it at the next meeting. He was confused between this and the ordinance Hughes had proposed. Hughes added that his proposed ordinance would be discussed at the next PC meeting at 6 PM for an hour before the regular meeting.
NEW BUSINESS
1. Dearborn County Hospital reappointment- William Ritzmann’s term expires in June and the board requested his reappointment for 4 years. Commissioners approved.
2. Animal Control/PAWS Contract- Ewbank said that they have a contract that has been reviewed by legal counsel. The terms are pretty much agreed upon.
$60,000 for the rest of this year has been requested from Council. Sandy Carley requested permission to go to Council for this and Commissioners approved. Baudendistel made sure the commissioners knew there was a 360 day termination notice in the contract. He wanted them to know it was a much longer length of time than in a normal contract. The contract won’t be signed until Council approves the level of funding.
3. DCRSD- Steve Renihan- request to go to Council to get funding for the road to the sewer plant as it washed out due to the heavy rains. The estimate is a little high on this to be sure. Road pipe, ditch lines, additional culverts, etc. Listerman also went out to review it and give suggestions. Orschell noted this was a steep grade to access it. Hrezo explained that there was excessive water from the street above that is being diverted now. He also said they will be using bars and barriers to slow the water flow in the ditches too. Washed gravel also filled the catch basins. The road survived other heavy rains- particularly after the Highway dept fixed the flow from Timberview. Hughes asked if this would calculate into the user fees. Renihan said they are trying to avoid that. They are trying to add another 48 homes out in the area. that will help offset this cost. McHenry said- this is fixing something that you wish hadn’t happened – but it is what it is. The rainfall issue was not predictable. Commissioners approve DCRSD to seek money from Counsel for this purpose.
HIGHWAY DEPARTMENT- Todd Listerman- County Engineer gave the following report:
$12,441 contract for flashers at the schools was approved and it is reimburseable at 90% from the feds. Cornerstone Civil Group will be doing the oversight.
Annual operation report for local roads and streets were signed for the state. It shows all the money in each highway account. $615,000 + 133,000+ 2.1 mil+ 1.9 mil was available in the highway accounts at the beginning of the year.
Group 4 application for federal funds for Collier Ridge Bridge replacement was signed. This is in addition to the other money already approved. Commissioners approved Hughes signing it. This is thru INDOT and OKI.
Salt building goes up for rebid- to be opened Monday May 16th.
After looking at annual needs using 172 MvHA substitute account for improvements, Listerman requested they be able to re-stripe roads with 1000 vpd or more again. There are two roads that will not need that this year as they had recently been finished with striping. Hughes asked what the cost is for a private road- Listerman said the county budgets 8 cents this year due to gas prices also. Hughes asked if there was a policy on what would happen if a citizen would want to do it for a county road. Listerman said private costs would be about 15 cents a ft in his estimate. $115,000 for striping was approved for Listerman to seek at Council.
Requesting $25,000 from council for the fall to cover the 5 flashers at the elementary and intermediate schools. Commissioners approved going to Council. This is our 10% of the potential total cost on these.
3 tandems bought in 1997 and 3 mowing tractors about the same age. They want to replace one each for each of the next 3 years. Tandems estimate $170,000 and tractor is $65,000- both fully equipped. These tandems are Mack or Mack equivalent with auto transmission, fully equipped. The district 1 tandem only has 40,000 miles on it. It is in disrepair and it’s a hard truck to drive with a split shift transmission. They use the smaller trucks recently bought for the smaller subdivision streets. Hughes asked if we could use private mowers like the highway does. This is not something people have wanted to do in our smaller roadsides in the past. Listerman will check with the new commissioner in Franklin Cty who does highway work for a living. Commissioners approved Listerman seeking money for one tandem and one mower from Council. McHenry asked them to re-evaluate on that final truck with 40,000 miles in year 3.
Listerman is asking for $100,000 from Council for slip repair to bring the roads back to level prior to the heavy rains. This is not major repair like Collier Ridge. This is to get them navigable. A band-aid fix. Commissioners approved seeking this from Council. They will get geotech work and estimates on real fixes later. They will then prioritize this and see Council. 18 major slips now per Tim Grieve.
Bridge inspections are being done. 460 miles paved road and about 15 miles chip seal and 25 miles of gravel. To try to get road paved once every 24 years would cost 2.8 million a year. If we had a wheel tax dedicated to paving roads we’d get about $1million. That would paved or rejuvenate them once every 69 years. There is also a huge bridge repair need. Some have been repaired with stimulus money. The funding we receive doesn’t come close to funding what we need. He’s going to go to Council to get money sources for this. There was a time when the highway dept had about $7 million and spent about $3million- $1 million per district from the gaming money. Commissioners approved Listerman going to Council for this funding request for a road program and a bridge program.
AUDITOR- Gayle Pennington- claims approved- payroll, claims, and utilities. Pennington thanked them for allowing Rick Hartman to A/C the computer room- it’s at 65 degrees.
Pennington brought up the Sidwell claim and she had held it until the deliverables were obtained. Sidwell knows they are no longer using them and needed no more maintenance after it’s moved over, and they will not need the farmland software- the new company will provide this. The 3 days of training will be completed by the next meeting for the commissioners to sign the claim then and clear out the Sidwell account. There had been some trouble migrating files and Margaret Minzner handled that. They are onto the Beacon site. Hughes said it is pretty impressive to see what it can do. The training will have 12 trainees and Margaret and Ron will be able to help Sidwell’s trainer.
Pennington asked to open a discussion on the personnel policy. She is running into a situation. There is a sick leave donation program that we have. It is used for employee with critical need due to a serious illness or injury. She asked if maternity leave qualified for this. Ewbank noted how generous this policy is compared to industry standards. You could put a cap on how much an employee can receive. He would hate to lose the generous spirit. Hughes suggested surveying the dept. heads by the next commissioners meeting. Policy is that you can only receive a maximum of 60 days per year. They might use an appeal process for this too. This will be discussed next meeting.
ATTORNEY- Andy Baudendistel- Commended law enforcement and responders on the care at Salt Fork and SR 1 yesterday for the terrible accident.
Shumway bldg will be ready for next meeting.
COUNTY COORDINATOR- Bill Ewbank
1. Trending and New Construction- Tyler Technologies for $46,000 and is $15,000 less than last year due to lack of activity in construction. This is for Assessor’s office. Commissioners approved the contract for this.
2. Community Corrections grant acceptance- received notice $499,416 grant approved and letter of acceptance was signed. This is annual funding.
3. Emergency Mgmt- received info that they may need to declare emergency funds for flood damages to roads and repairs. Approved a declaration of emergency in case opportunity arises.
4. Letter of support was signed by commissioners for continued support for Whitewater Canal Byway . Same letter as last one- just continuing support.
5. Proclamation for May as Mental Health Awareness Month for children and Adolescents was signed by Commissioners.
COMMISSIONER COMMENTS
Shane McHenry- they can lease 6 vehicles and 2 aren’t here yet from Japan earthquake issues. They want to prepay the lease on the 2 not here yet to avoid the 2nd lease and increased costs. SBOA said they have to have commissioners know about this. OK with it.
LATE ARRIVAL INFORMATION- none
PUBLIC COMMENT- none
Meeting adjourned at 8:43PM
Christine Brauer Mueller
Lawrenceburg Township
Saturday, April 30, 2011
AURORA COMMUNITY CENTER FEES ARE LESS FOR AURORA COUNCIL AND MAYOR
I recently acquired a membership fee rate schedule for the Aurora Community Center’s fitness program. It appeared odd to me that the Aurora taxpayers, who own the center, are being charged double the price of membership of the mayor, city council and city employees? The Aurora taxpayers are already paying these peoples salaries and benefits. Why should they have to take on the additional financial hardship of subsidizing a fitness club membership for them and their families in these trying economic times?
In a February 24, 2011 article by Chandra Mattingly in the Dearborn County Register, she records the approval of these fees by The City of Aurora City Council; “Aurora OK’s community center membership fees.”
The article reports that the proposed fee schedule was presented to the council by the Community Center Director, Danny Jefferson with the statement “I wanted to make it affordable for everyone”. If Jefferson was the actual author of the proposed rates, he then evidently believes the Aurora taxpayers (who own and paid for the facility) can “affordably” pay twice as much as those officials who are, coincidentally, responsible for his employment. This fee disparity is not trivial as the normal Aurora taxpayer will shell out $240 more a year for a family of four than the mayor, city councilmen et.al.
A courtesy discount for senior citizens and active duty military personnel, as well as a reasonable premium for those who don’t reside in Aurora and pay Aurora taxes is understandable. Somewhat of an argument can be made for reducing the city’s medical liability by promoting a healthier lifestyle for its employees, but there also has to be the consideration that a little taxpayer funded political patronage to the city employee base in an election year doesn’t harm the reelection chances.
But, how do the mayor and city councilmen justify this dip into the taxpayer’s pockets for their personal benefit? Councilman Mike Crider is reported as stating “I don’t see where elected officials need a cut” and Councilman John Borgman is mentioned as agreeing. Neither Mayor Donnie Hastings nor Councilman Fred Lester are quoted on the issue. Councilman Brett Fehrman stated he was “comfortable either way with their (elected officials) fees” and motioned for approval. Councilman Rick Orcutt seconded.*** Evidently everyone resolved any personal reservations and made peace with their conscience as the motion passed unanimously.
If you are an Aurora taxpayer you may want to consider if you’re as “comfortable” with this fee disparity as your mayor and city councilmen or deserve an explanation as to why they appear to consider themselves twice as deserving of the city’s privileges? You may want to consider demanding not only “affordable” but “equitable” fees for you and your family to utilize YOUR Aurora Community Center..
Chet Wolgamot
Manchester Township
*** Since initial publication, I have been informed by councilman Rick Orcutt that it was Fred Lester who offered the second to the motion and not him. My apologies for the error.
In a February 24, 2011 article by Chandra Mattingly in the Dearborn County Register, she records the approval of these fees by The City of Aurora City Council; “Aurora OK’s community center membership fees.”
The article reports that the proposed fee schedule was presented to the council by the Community Center Director, Danny Jefferson with the statement “I wanted to make it affordable for everyone”. If Jefferson was the actual author of the proposed rates, he then evidently believes the Aurora taxpayers (who own and paid for the facility) can “affordably” pay twice as much as those officials who are, coincidentally, responsible for his employment. This fee disparity is not trivial as the normal Aurora taxpayer will shell out $240 more a year for a family of four than the mayor, city councilmen et.al.
A courtesy discount for senior citizens and active duty military personnel, as well as a reasonable premium for those who don’t reside in Aurora and pay Aurora taxes is understandable. Somewhat of an argument can be made for reducing the city’s medical liability by promoting a healthier lifestyle for its employees, but there also has to be the consideration that a little taxpayer funded political patronage to the city employee base in an election year doesn’t harm the reelection chances.
But, how do the mayor and city councilmen justify this dip into the taxpayer’s pockets for their personal benefit? Councilman Mike Crider is reported as stating “I don’t see where elected officials need a cut” and Councilman John Borgman is mentioned as agreeing. Neither Mayor Donnie Hastings nor Councilman Fred Lester are quoted on the issue. Councilman Brett Fehrman stated he was “comfortable either way with their (elected officials) fees” and motioned for approval. Councilman Rick Orcutt seconded.*** Evidently everyone resolved any personal reservations and made peace with their conscience as the motion passed unanimously.
If you are an Aurora taxpayer you may want to consider if you’re as “comfortable” with this fee disparity as your mayor and city councilmen or deserve an explanation as to why they appear to consider themselves twice as deserving of the city’s privileges? You may want to consider demanding not only “affordable” but “equitable” fees for you and your family to utilize YOUR Aurora Community Center..
Chet Wolgamot
Manchester Township
*** Since initial publication, I have been informed by councilman Rick Orcutt that it was Fred Lester who offered the second to the motion and not him. My apologies for the error.
Thursday, April 28, 2011
AGENDA - DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
May 4, 2011
WEDNESDAY
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Real Property Endorsement Fee
IV. NEW BUSINESS
1. Dearborn County Hospital - Reappointment
2. Animal Control / PAWS contract
3. DCRSD - Steve Renihan
Request to go to Council
V. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
1. Trending & New Construction
2. Community Corrections grant acceptance
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
May 4, 2011
WEDNESDAY
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Real Property Endorsement Fee
IV. NEW BUSINESS
1. Dearborn County Hospital - Reappointment
2. Animal Control / PAWS contract
3. DCRSD - Steve Renihan
Request to go to Council
V. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
1. Trending & New Construction
2. Community Corrections grant acceptance
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
Tuesday, April 26, 2011
25 April 2011 Dearborn County Plan Commission Meeting Notes
25 April 2011 Dearborn County Plan Commission Meeting Notes
Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Jeff Hughes, Jake Hoog,and Dan Lansing.
ABSENT: Ken Nelson
Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.
OLD BUSINESS TO REMAIN TABLED
1. Request: Vacate a portion of Happy Hollow Road. Applicant: Rob Seig / Owner: David Lykins
Site Location: Happy Hollow Road
Township: Jackson & York Size: 5.169 Acres Zoning: Agricultural (A)
NEW BUSINESS
1. Request: Primary Approval with Waivers for a 15-lot re-plat of Whitewater Point Subdivision.
Applicant: JDJ Surveying & Engineering (Jeff Stenger) /Owner: Whitewater Point, LLC and Jeff & Beth Viel
Site Location: Chappelow Ridge Road Township: Logan Size: 127.629 Acres Zoning: Agricultural (A)
Mark McCormack presented the initial case:
1) The Whitewater Point Subdivision located within Logan Township, Township 7, Range 1, Sections 8 & 9 is situated within an Agricultural (A) District. This subdivision is located
between Barber Road and Chappelow Ridge Road.
2) The Primary Plat for this subdivision which consists of 8 “buildable” tracts was approved by the Plan Commission in September of 2008. Please refer to the enclosed meeting minute summary from the September 29th, 2008 Plan Commission public hearing.
3) The Applicants are seeking to re-plat the Whitewater Point Subdivision in accordance with Article 2, Section 288 of the Dearborn County Subdivision Control Ordinance so that the resulting development consists of a total of 15 “buildable tracts.” number, or location of individual lots, streets, or utilities. These changes are recognized as a typical part of the development process. In general, the Improvement Plan, and Secondary Plat should be the same in design and layout as the approved Primary Plat.
Any changes that are made to the approved Primary Plat shall be submitted to and reviewed by
the Planning Director or his designee to determine if these changes are major or minor in
scope. Major changes will require a new public hearing as identified in Section 208…”
5) The Applicants intend to construct a private street to serve as the primary form of ingress /egress into the subdivision. The private street, as presently designed, requires several waivers with respect to:
1. The length of the proposed the proposed dead-end private street—which exceeds the
1200-foot ordinance requirement by 1215 feet (see Article 3, Section 305N of the
Subdivision Control Ordinance)
2. The width of the proposed private street—which is 4 feet less than the 20-foot
ordinance requirement (see Article 3,Table 3.1 and Sections 305F and 305P of the
Subdivision Control Ordinance)
3. The size of the cul-de-sac—which is 10 feet less in both pavement diameter and right of way radius than the ordinance requirement (see Article 3, Section 305N and Appendix C of the Subdivision Control Ordinance)
4. The number of lots permitted on a private street—which exceeds the ordinance
requirement by 7 lots (see Article 3, Section 305P of the Subdivision Control
Ordinance)
5. The percentage of panhandle tracts allowed in a subdivision—which is 12% higher than
the ordinance requirement for a Major Subdivision (see Article 3, Section 315 of the
Subdivision Control Ordinance)
6) Additionally, the Applicants are seeking to have the ordinance requirement regarding the
submittal of Preliminary Report(s) from the Dearborn County Health Department (that
demonstrates approval for Individual Sewage Disposal Systems for each lot) waived or
deferred until such time that the re-plat concepts are acceptable to the Plan Commission, if
applicable. (See Article 2, Section 216, Item 11 of the Subdivision Control Ordinance)
7) Please refer to Article 1, Section 165 of the Dearborn County Subdivision Control
Ordinance regarding Appeals and Waivers.
SECTION 165 – Appeals and Waivers
“…Upon written request to the Commission, an applicant can seek a waiver of any of the
Subdivision regulations in this Ordinance. The individual request shall be reviewed and
granted only under unusual or extreme circumstances or if an equal or better alternative can
be provided that is not in agreement with this Ordinance. The Planning Director or his
designee shall review the request and provide a recommendation to the Commission regarding
the merits of the request. The Commission shall approve or deny the waiver request.”
8) Please refer to the Technical Review Committee Report from March 21st, 2011. Please
note that the following item in this report remains in question:
Restrictions regarding access to the proposed subdivision from Barber Road via River View Lane
9) Please refer to the Applicants’ statements and enclosures.
12 letters sent to adjoiners. Land use plan would look at this area for low density development. Topography and flood plain are factors. Road layout is substantially the same- except it is no longer a driveway serving 6-8 homes- now it’s a private street proposed. Developer plans to pave river View Lane this year possibly if approved. McCormack showed numerous pictures of the roadways and topography.
Randy Maxwell- said that when he’d told Jeff Stenger what they wanted to do, he had no idea it would get this complicated. They intend it to be a gated community. It’s a temporary gate now- and the first one had been demolished. The new one will be a nice looking punch pad controlled one. Chapellow Ridge is a mile and a half dead end road. We installed a cul de sac up there as part of the original design. They are getting rid of the panhandles at the bottom- no need for them now. He’d love to debate the private drive standards. The owners know what they are getting when they buy. 20 ft is too much for the private drive width. These lots are all over 5 acres- low density lots. If this were not private it would invite Chappelow Ridge residents to use this because it is considerably shorter. Panhandles are needed because of the way it is laid out.
Mike Hall asked about lot layout for old Lot 3 and also traffic allowed. Maxwell said there will be a height bar to restrict big trucks. Maxwell plans to put in 3 inches of asphalt in answer to Hall’s question. They are restricting the cul de sac size as he feels a 60 ft one is not necessary for the limited access and traffic here. The motion was limited the development to 8 lots. Stenger said that’s why we’re requesting the replat. Hall stressed that this was only to be 8 lots per the motion that was approved in 2008.
Jake Hoog asked about lot 22 and 28 – Maxwell only accessed from the top- not Riverview. Maxwell also answered that the school bus will not go onto a private lane. Kids have to go to Chappelow Ridge or Barber Rd. Maxell also said the gates are designed to be emergency breakaway.
PUBLIC:
Helen Kremer- noted there were a lot of waivers. She said the road shouldn’t be there. For over 2 years many studies were done on the issue of this road. The county made the decision not to allow the road- too expensive to maintain. In 2008 the 8 lots were approved as a replat with restrictions on access and maintenance and gating as private. She said if there is an accident on this road- considering the topography- who is liable?
She added that Eric Russo of the Hillside trust also said that it’s more than just steep roads and hills- it’s also about the stability of the road.
There is more information about the Whitewater River erosion and it calls into question the maintenance of Barber Road when the river erodes to it. We live on Barber road and there are several old farmhouses built before the Civil War. We maintain the area as it was- beautiful and pristine. Kremer went on to say she just wanted to point out that Barber Rd. is fragile. Kremer passed out pictures of the river in 2008 and also last week.
She also doesn’t know if it is reasonable to have 15 families maintain 8 football field lengths of roads. She answered Hall that she would be OK with the development if the road from Barber to the top were eliminated.
Kathy Scott- is concerned with the ordinances. Understands why the Maxwells want to increase lots to make this more affordable. She doesn’t like the road to Barber Road. She thinks the cul de sac is too small at 30 ft for adequate turnaround. She also is worried about this eventually becoming a county road in the future. The vandalism on the gate is a worry as this roadway in the woods will invite more. PC pointed out that the cul de sac has a 35 foot RADIUS- so it will be 70 ft across.
Public discussion closed.
Stenger answered some of the concerns. He said the old road was deemed unfeasible. There will be no liability for the county as this is a private road. The road that they built there is not new except the first few hundred feet by Barber Road. It has been improved by the developer with drainage structures etc. It was an old field road. His dad used to use it with cattle there.
Jeff Bier asked if it would be in writing for the road to be paved if approved. Hall said that is what is proposed by the developer.
Hughes said that if the road is meant to be private- we need to make it limited access. Who will own it. The physical road property is owned by two properties, but there is a 50 ft easement owned by all property owners. 150 trips per day depending on what visitors get access. Stenger answered. Hughes noted that Travis Miller – the former Planning Director- promoted interconnectivity.
Lansing asked if emergency vehicles would use this. That was questionable a sit would not be adequate- especially in certain types of weather.
Maxwell answered another question that only the gate at Chappelow Ridge would exist. There would be a 7 ft 6 beam across the area where the lower temp gate is now. Maxwell said a first responder vehicle may get up there- but can’t see other emergency vehicles on it due to liability. Maxwell said that they are not completely opposed to eliminating that lower road- it’s just a convenience for the homeowners there. They don’t want a 20 ft road- more affordable smaller and they have passing blisters on it. It also disturbs more land if you make it bigger.
Hughes said he voted against 20 ft road when proposed in ordinance. But if others get it then these people should too. Maxwell asked what you do to get that law changed. Hughes said- elect better people.
There are a couple lots that need a private lane name for their driveways.
Kraus Jr. asked if they have to address each waiver individually. McGill said yes.
Hall said they can eliminate the access to Barber by closing those two lots off. He said Fox Road got closed too – even though ATVs etc could make it. Hall said it would be better to not have a road up on that hillside. It would be a lot less intrusive to the neighbors to the south. That access road is 2000 ft. It would help preserve Barber.
Maxwell said one lot is sold up there and the husband and wife were counting on quick access to Barber Road. They chose not to attend tonight.
Hughes would waive panhandles and 1200 ft length, but keep the 20 ft width. He’s having trouble with Riverview Lane.
Hoog said that if they pave that road they’ll all go down it.
Hughes motioned to waive the 1215 ft, deny the private street one, no waiver on the width of the road, denied the cul de sac, approve the waiver for 7 more lots, approve the extra12 percentage panhandles, and allow the health dept inspections to be done later on septic systems until approved. The private drive Whitewater Pointe Drive also will be paved. Riverview Lane will never be publicly accepted. Beiersdorfer 2nded. 2 ayes- Hughes and Beiersdorfer- rest nayes. Motion failed.
Kraus Jr. motioned to waive the cul de sac, the reduction in width of street, the smaller cul de sac, the number of lots, the panhandles, and the septic inspection delay. The road must be paved. He’s not mentioning Riverview Lane. Beiersdorfer 2nd.
Lansing asked what happens to Riverview Lane. McCormack said the county controls the driveway permits. They need to get the permit from the highway dept. It’s not fair to say there is NO regulation on driveways. If it’s a public safety issue – you need to address that.
Kraus Jr. amended the motion to not allow Riverview Lane for ingress or egress because it is not safe. Beiersdorfer 2nded. All ayes.
Passed.
F. ADMINISTRATIVE
1. The Happy Hollow item that is still tabled has a 90 day time period. They have all visited the site and are awaiting the next survey.
2. There is a link on the county’s website on the 208 water quality plan. This plan is tied to the sewage plans. St. Leon and LMH and DCRSD were not here in the 1970’s when the original water plan was done. This map is proposed to be changed. The next meeting is in a couple weeks- May 8 or 11. The draft will be discussed. At the 2nd meeting after that there will be a formal adoption. Amendments to this plan occur by petition in the future once adopted.
3. Financial guarantee report will be forwarded later- there is only one subdivision coming up- and he will send the letter out to get their financial guarantee updated.
4. Zoning committee meets again Wed May 18th. There may be no PC meeting in May unless the Happy Hollow is ready by then.
5. Purdue professor will be discussing the landscape and bufferyard section of the ordinance with him this week. He’ll send out revised text this week for the committee. He’ll get a series of people to discuss this- the biggest problem is the medium to low stock with complaints from developers on the difficulty of keeping them alive. Issues also exist with parking lot islands and stock that won’t affect pavement.
6. Hughes proposal on an ordinance on Private Real Property Rights Preservation Ordinance was passed out. [NOTE: A copy of his proposed ordinance was posted on the blog last week.] He highlighted some sections to see if they are legally defensible. He thought it would be worthwhile to discuss it with the PC and Zoning committee on the 18th of May. Hughes said it’s not pro or anti development. He liked the handout that McCormack gave them on a reference on Planning Law. Hughes said he had talked to many people in 2008. He had talked to Alan Freemond who discussed a blast furnace that incinerated garbage. Hughes said- he doesn’t want a dump in Dearborn county. So he’s thinking that if the citizens need or want something then we should compensate people for their loss. McCormack showed there were only 4 categories for “takings.” There are 3 pages in the handout that cover this. An attorney with Indiana plan association would be needed for this also. It was decided to get the commissioners and PC discuss this on May 23, if the Commissioners can make that.
7. We got STP funding to get State Street done in West Harrison.
Meeting adjourned at 9:35 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Jeff Hughes, Jake Hoog,and Dan Lansing.
ABSENT: Ken Nelson
Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.
OLD BUSINESS TO REMAIN TABLED
1. Request: Vacate a portion of Happy Hollow Road. Applicant: Rob Seig / Owner: David Lykins
Site Location: Happy Hollow Road
Township: Jackson & York Size: 5.169 Acres Zoning: Agricultural (A)
NEW BUSINESS
1. Request: Primary Approval with Waivers for a 15-lot re-plat of Whitewater Point Subdivision.
Applicant: JDJ Surveying & Engineering (Jeff Stenger) /Owner: Whitewater Point, LLC and Jeff & Beth Viel
Site Location: Chappelow Ridge Road Township: Logan Size: 127.629 Acres Zoning: Agricultural (A)
Mark McCormack presented the initial case:
1) The Whitewater Point Subdivision located within Logan Township, Township 7, Range 1, Sections 8 & 9 is situated within an Agricultural (A) District. This subdivision is located
between Barber Road and Chappelow Ridge Road.
2) The Primary Plat for this subdivision which consists of 8 “buildable” tracts was approved by the Plan Commission in September of 2008. Please refer to the enclosed meeting minute summary from the September 29th, 2008 Plan Commission public hearing.
3) The Applicants are seeking to re-plat the Whitewater Point Subdivision in accordance with Article 2, Section 288 of the Dearborn County Subdivision Control Ordinance so that the resulting development consists of a total of 15 “buildable tracts.” number, or location of individual lots, streets, or utilities. These changes are recognized as a typical part of the development process. In general, the Improvement Plan, and Secondary Plat should be the same in design and layout as the approved Primary Plat.
Any changes that are made to the approved Primary Plat shall be submitted to and reviewed by
the Planning Director or his designee to determine if these changes are major or minor in
scope. Major changes will require a new public hearing as identified in Section 208…”
5) The Applicants intend to construct a private street to serve as the primary form of ingress /egress into the subdivision. The private street, as presently designed, requires several waivers with respect to:
1. The length of the proposed the proposed dead-end private street—which exceeds the
1200-foot ordinance requirement by 1215 feet (see Article 3, Section 305N of the
Subdivision Control Ordinance)
2. The width of the proposed private street—which is 4 feet less than the 20-foot
ordinance requirement (see Article 3,Table 3.1 and Sections 305F and 305P of the
Subdivision Control Ordinance)
3. The size of the cul-de-sac—which is 10 feet less in both pavement diameter and right of way radius than the ordinance requirement (see Article 3, Section 305N and Appendix C of the Subdivision Control Ordinance)
4. The number of lots permitted on a private street—which exceeds the ordinance
requirement by 7 lots (see Article 3, Section 305P of the Subdivision Control
Ordinance)
5. The percentage of panhandle tracts allowed in a subdivision—which is 12% higher than
the ordinance requirement for a Major Subdivision (see Article 3, Section 315 of the
Subdivision Control Ordinance)
6) Additionally, the Applicants are seeking to have the ordinance requirement regarding the
submittal of Preliminary Report(s) from the Dearborn County Health Department (that
demonstrates approval for Individual Sewage Disposal Systems for each lot) waived or
deferred until such time that the re-plat concepts are acceptable to the Plan Commission, if
applicable. (See Article 2, Section 216, Item 11 of the Subdivision Control Ordinance)
7) Please refer to Article 1, Section 165 of the Dearborn County Subdivision Control
Ordinance regarding Appeals and Waivers.
SECTION 165 – Appeals and Waivers
“…Upon written request to the Commission, an applicant can seek a waiver of any of the
Subdivision regulations in this Ordinance. The individual request shall be reviewed and
granted only under unusual or extreme circumstances or if an equal or better alternative can
be provided that is not in agreement with this Ordinance. The Planning Director or his
designee shall review the request and provide a recommendation to the Commission regarding
the merits of the request. The Commission shall approve or deny the waiver request.”
8) Please refer to the Technical Review Committee Report from March 21st, 2011. Please
note that the following item in this report remains in question:
Restrictions regarding access to the proposed subdivision from Barber Road via River View Lane
9) Please refer to the Applicants’ statements and enclosures.
12 letters sent to adjoiners. Land use plan would look at this area for low density development. Topography and flood plain are factors. Road layout is substantially the same- except it is no longer a driveway serving 6-8 homes- now it’s a private street proposed. Developer plans to pave river View Lane this year possibly if approved. McCormack showed numerous pictures of the roadways and topography.
Randy Maxwell- said that when he’d told Jeff Stenger what they wanted to do, he had no idea it would get this complicated. They intend it to be a gated community. It’s a temporary gate now- and the first one had been demolished. The new one will be a nice looking punch pad controlled one. Chapellow Ridge is a mile and a half dead end road. We installed a cul de sac up there as part of the original design. They are getting rid of the panhandles at the bottom- no need for them now. He’d love to debate the private drive standards. The owners know what they are getting when they buy. 20 ft is too much for the private drive width. These lots are all over 5 acres- low density lots. If this were not private it would invite Chappelow Ridge residents to use this because it is considerably shorter. Panhandles are needed because of the way it is laid out.
Mike Hall asked about lot layout for old Lot 3 and also traffic allowed. Maxwell said there will be a height bar to restrict big trucks. Maxwell plans to put in 3 inches of asphalt in answer to Hall’s question. They are restricting the cul de sac size as he feels a 60 ft one is not necessary for the limited access and traffic here. The motion was limited the development to 8 lots. Stenger said that’s why we’re requesting the replat. Hall stressed that this was only to be 8 lots per the motion that was approved in 2008.
Jake Hoog asked about lot 22 and 28 – Maxwell only accessed from the top- not Riverview. Maxwell also answered that the school bus will not go onto a private lane. Kids have to go to Chappelow Ridge or Barber Rd. Maxell also said the gates are designed to be emergency breakaway.
PUBLIC:
Helen Kremer- noted there were a lot of waivers. She said the road shouldn’t be there. For over 2 years many studies were done on the issue of this road. The county made the decision not to allow the road- too expensive to maintain. In 2008 the 8 lots were approved as a replat with restrictions on access and maintenance and gating as private. She said if there is an accident on this road- considering the topography- who is liable?
She added that Eric Russo of the Hillside trust also said that it’s more than just steep roads and hills- it’s also about the stability of the road.
There is more information about the Whitewater River erosion and it calls into question the maintenance of Barber Road when the river erodes to it. We live on Barber road and there are several old farmhouses built before the Civil War. We maintain the area as it was- beautiful and pristine. Kremer went on to say she just wanted to point out that Barber Rd. is fragile. Kremer passed out pictures of the river in 2008 and also last week.
She also doesn’t know if it is reasonable to have 15 families maintain 8 football field lengths of roads. She answered Hall that she would be OK with the development if the road from Barber to the top were eliminated.
Kathy Scott- is concerned with the ordinances. Understands why the Maxwells want to increase lots to make this more affordable. She doesn’t like the road to Barber Road. She thinks the cul de sac is too small at 30 ft for adequate turnaround. She also is worried about this eventually becoming a county road in the future. The vandalism on the gate is a worry as this roadway in the woods will invite more. PC pointed out that the cul de sac has a 35 foot RADIUS- so it will be 70 ft across.
Public discussion closed.
Stenger answered some of the concerns. He said the old road was deemed unfeasible. There will be no liability for the county as this is a private road. The road that they built there is not new except the first few hundred feet by Barber Road. It has been improved by the developer with drainage structures etc. It was an old field road. His dad used to use it with cattle there.
Jeff Bier asked if it would be in writing for the road to be paved if approved. Hall said that is what is proposed by the developer.
Hughes said that if the road is meant to be private- we need to make it limited access. Who will own it. The physical road property is owned by two properties, but there is a 50 ft easement owned by all property owners. 150 trips per day depending on what visitors get access. Stenger answered. Hughes noted that Travis Miller – the former Planning Director- promoted interconnectivity.
Lansing asked if emergency vehicles would use this. That was questionable a sit would not be adequate- especially in certain types of weather.
Maxwell answered another question that only the gate at Chappelow Ridge would exist. There would be a 7 ft 6 beam across the area where the lower temp gate is now. Maxwell said a first responder vehicle may get up there- but can’t see other emergency vehicles on it due to liability. Maxwell said that they are not completely opposed to eliminating that lower road- it’s just a convenience for the homeowners there. They don’t want a 20 ft road- more affordable smaller and they have passing blisters on it. It also disturbs more land if you make it bigger.
Hughes said he voted against 20 ft road when proposed in ordinance. But if others get it then these people should too. Maxwell asked what you do to get that law changed. Hughes said- elect better people.
There are a couple lots that need a private lane name for their driveways.
Kraus Jr. asked if they have to address each waiver individually. McGill said yes.
Hall said they can eliminate the access to Barber by closing those two lots off. He said Fox Road got closed too – even though ATVs etc could make it. Hall said it would be better to not have a road up on that hillside. It would be a lot less intrusive to the neighbors to the south. That access road is 2000 ft. It would help preserve Barber.
Maxwell said one lot is sold up there and the husband and wife were counting on quick access to Barber Road. They chose not to attend tonight.
Hughes would waive panhandles and 1200 ft length, but keep the 20 ft width. He’s having trouble with Riverview Lane.
Hoog said that if they pave that road they’ll all go down it.
Hughes motioned to waive the 1215 ft, deny the private street one, no waiver on the width of the road, denied the cul de sac, approve the waiver for 7 more lots, approve the extra12 percentage panhandles, and allow the health dept inspections to be done later on septic systems until approved. The private drive Whitewater Pointe Drive also will be paved. Riverview Lane will never be publicly accepted. Beiersdorfer 2nded. 2 ayes- Hughes and Beiersdorfer- rest nayes. Motion failed.
Kraus Jr. motioned to waive the cul de sac, the reduction in width of street, the smaller cul de sac, the number of lots, the panhandles, and the septic inspection delay. The road must be paved. He’s not mentioning Riverview Lane. Beiersdorfer 2nd.
Lansing asked what happens to Riverview Lane. McCormack said the county controls the driveway permits. They need to get the permit from the highway dept. It’s not fair to say there is NO regulation on driveways. If it’s a public safety issue – you need to address that.
Kraus Jr. amended the motion to not allow Riverview Lane for ingress or egress because it is not safe. Beiersdorfer 2nded. All ayes.
Passed.
F. ADMINISTRATIVE
1. The Happy Hollow item that is still tabled has a 90 day time period. They have all visited the site and are awaiting the next survey.
2. There is a link on the county’s website on the 208 water quality plan. This plan is tied to the sewage plans. St. Leon and LMH and DCRSD were not here in the 1970’s when the original water plan was done. This map is proposed to be changed. The next meeting is in a couple weeks- May 8 or 11. The draft will be discussed. At the 2nd meeting after that there will be a formal adoption. Amendments to this plan occur by petition in the future once adopted.
3. Financial guarantee report will be forwarded later- there is only one subdivision coming up- and he will send the letter out to get their financial guarantee updated.
4. Zoning committee meets again Wed May 18th. There may be no PC meeting in May unless the Happy Hollow is ready by then.
5. Purdue professor will be discussing the landscape and bufferyard section of the ordinance with him this week. He’ll send out revised text this week for the committee. He’ll get a series of people to discuss this- the biggest problem is the medium to low stock with complaints from developers on the difficulty of keeping them alive. Issues also exist with parking lot islands and stock that won’t affect pavement.
6. Hughes proposal on an ordinance on Private Real Property Rights Preservation Ordinance was passed out. [NOTE: A copy of his proposed ordinance was posted on the blog last week.] He highlighted some sections to see if they are legally defensible. He thought it would be worthwhile to discuss it with the PC and Zoning committee on the 18th of May. Hughes said it’s not pro or anti development. He liked the handout that McCormack gave them on a reference on Planning Law. Hughes said he had talked to many people in 2008. He had talked to Alan Freemond who discussed a blast furnace that incinerated garbage. Hughes said- he doesn’t want a dump in Dearborn county. So he’s thinking that if the citizens need or want something then we should compensate people for their loss. McCormack showed there were only 4 categories for “takings.” There are 3 pages in the handout that cover this. An attorney with Indiana plan association would be needed for this also. It was decided to get the commissioners and PC discuss this on May 23, if the Commissioners can make that.
7. We got STP funding to get State Street done in West Harrison.
Meeting adjourned at 9:35 PM
Christine Brauer Mueller
Lawrenceburg Township
Thursday, April 21, 2011
Submitted by Commissioner Jeff Hughes at the April 19th Commissioners meeting for discussion.
PRIVATE REAL PROPERTY RIGHTS PRESERVATION ORDINANCE
If a county enacts or enforces a new land regulation or enforces a land use regulation enacted prior to the effective date of this ordinance that restricts the use of private real property or any interest therein and has the effect of reducing the fair market value of the property, or any interest therein, then the owner of the property shall be paid just compensation.
Just compensation shall be equal to the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulation as of the date the owner makes written demands for compensation under this act.
Exceptions of this ordinance shall not apply to land use regulations:
1) Restricting or prohibiting activities commonly and historically recognized as pubic (correction added- public) nuisances.
2) Restricting or prohibiting activities for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, water drainage regulation, and pollution control regulations.
3) Enacted prior to the date of acquisition of the property by the owner upon the subject property.
4) Pertaining to any state or federal regulations.
Just compensation under this ordinance shall be due the owner of the property if the land use regulation continues to be enforced against the property 180 days after the owner of the property makes written demand for compensation to the county entity enacting or enforcing the land use regulation.
In substitute of just compensation under this ordinance, the governing body responsible for enacting the regulation may modify, remove or not enforce the regulation.
This ordinance is in no manner intended to nullify or be subject to any federal or state regulations.
[NOTE: At the April 19th Commissioner's meeting Mr. Hughes wanted the public to be able to comment on this idea.]
PRIVATE REAL PROPERTY RIGHTS PRESERVATION ORDINANCE
If a county enacts or enforces a new land regulation or enforces a land use regulation enacted prior to the effective date of this ordinance that restricts the use of private real property or any interest therein and has the effect of reducing the fair market value of the property, or any interest therein, then the owner of the property shall be paid just compensation.
Just compensation shall be equal to the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulation as of the date the owner makes written demands for compensation under this act.
Exceptions of this ordinance shall not apply to land use regulations:
1) Restricting or prohibiting activities commonly and historically recognized as pubic (correction added- public) nuisances.
2) Restricting or prohibiting activities for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, water drainage regulation, and pollution control regulations.
3) Enacted prior to the date of acquisition of the property by the owner upon the subject property.
4) Pertaining to any state or federal regulations.
Just compensation under this ordinance shall be due the owner of the property if the land use regulation continues to be enforced against the property 180 days after the owner of the property makes written demand for compensation to the county entity enacting or enforcing the land use regulation.
In substitute of just compensation under this ordinance, the governing body responsible for enacting the regulation may modify, remove or not enforce the regulation.
This ordinance is in no manner intended to nullify or be subject to any federal or state regulations.
[NOTE: At the April 19th Commissioner's meeting Mr. Hughes wanted the public to be able to comment on this idea.]
Wednesday, April 20, 2011
County’s Checks and Balances Failed
The following guest column was published in the April 14th Dearborn County Register
County’s Checks and Balances Failed
I cannot decide if I’m disappointed in, embarrassed for, or ashamed of our County Council.
County government is set up to work as a check and balance system. Unfortunately our system seems to be failing, in part because of the large imbalance of political party power and in part because of the unwillingness of Council and Commissioners to publicly question certain officeholders.
As an example, at the December 14, 2010 meeting, Council approved a transfer of $25,000 for Prosecutor Aaron Negangard from an intern account to a professional (witness) fees account.
In the verbatim transcript Negangard stated: “ Umm, this is not uhh, an additional appropriation, as it turns out it is a transfer. There was additional monies left in- appropriated monies left, in uh- we had some additional money from the grant – some of the grants monies had been received for salaries and we were using some of this money for intern, but we’ll have about $30,000 left over- and we need to get $25,000 transferred to pay some – uh- attorney’s fees.”
Maynard Barrett questioned using grant money for legal defense but Negangard said this was not grant money, it was money appropriated but not having to be spent because of a grant.
Liz Morris said it was “just a transfer” and motioned to approve. Bill Ullrich seconded.
Before the vote, Tom Cheek asked what it was for again. Negangard said “attorney fees” for a “disciplinary grievance.” Cheek asked if that was “by a county employee” and Negangard answered, “yes.”
Some council members thought that this was for an employee issue, because a disciplinary grievance by a county employee usually means that an employee has been disciplined and filed a grievance against the county for it. Dennis Kraus, Sr, Bryan Messmore, Liz Morris, Bill Ullrich, Maynard Barrett, and Dan Lansing voted Aye. Tom Cheek was the lone Nay.
The final step in the checks and balances (or lack thereof) occurred when Commissioners Orschell and Hughes approved the claims at their final 2010 meeting -no questions were asked publicly.
The Prosecutor’s claim form in the Auditor’s office only shows page 4 of the bill paid to Indy law firm Bose, McKinney, and Evans, LLC for $23,828.53. And the minutes only show the vote and account numbers and titles for the transfer. There is no discussion or purpose noted. Though this is a legal way to do minutes, it is inadequate, when questions arise.
I emailed Aaron Negangard January 27-28 requesting the purpose of this transfer. In the third email he states that it was for a disciplinary grievance against him. Disciplinary grievances are filed with the Disciplinary Commission- an arm of the State Supreme Court, which is unrelated to the State Bar Association. Grievances are filed for alleged violations of the Rules of Professional Conduct for Attorneys. County Attorney Baudendistel later stated that this was for a complaint filed by the former County Attorney, G. Michael Witte. However, at the time Negangard requested the payment of attorney fees for his defense, grievances against him had been filed by three different people.
Because the prosecutor is a state employee it seemed like he should be covered by state laws, which indicate that the state does not pay for disciplinary actions against prosecutors or judges. I questioned the county taxpayers paying for this at the February 15, 2011 Commissioners meeting. Commissioners directed County Attorney Baudendistel to research it. One month later he produced an opinion that essentially said the county could invoke “Home Rule” to cover their actions noting, if it is not specifically forbidden, then it is at the complete discretion of the Council.
This brings us back to County Council. Council often asks detailed questions on expenditures for agencies, officeholders, highway engineer, etc. Why were they shy about the prosecutor’s requests? When questioned at the February 15th Commissioners meeting, they looked down at their feet and appeared unwilling, or perhaps unable, to defend their actions.
No one should get special treatment. The prosecutor may seem intimidating, but his requests still require scrutiny- like all others. The discussion should be open and honest so the public understands. Council members should state their reasons for approval or denial of requests to demonstrate accountability to the taxpayer.
When so many people are struggling to make ends meet, officials should also be displaying economic responsibility. Council members are the financial conscience of the county. When they decide to open the taxpayer’s coffers to cover ANY expense, they should be asking who, what, where, when and most importantly, why are they approving that expense.
Christine Brauer Mueller
County’s Checks and Balances Failed
I cannot decide if I’m disappointed in, embarrassed for, or ashamed of our County Council.
County government is set up to work as a check and balance system. Unfortunately our system seems to be failing, in part because of the large imbalance of political party power and in part because of the unwillingness of Council and Commissioners to publicly question certain officeholders.
As an example, at the December 14, 2010 meeting, Council approved a transfer of $25,000 for Prosecutor Aaron Negangard from an intern account to a professional (witness) fees account.
In the verbatim transcript Negangard stated: “ Umm, this is not uhh, an additional appropriation, as it turns out it is a transfer. There was additional monies left in- appropriated monies left, in uh- we had some additional money from the grant – some of the grants monies had been received for salaries and we were using some of this money for intern, but we’ll have about $30,000 left over- and we need to get $25,000 transferred to pay some – uh- attorney’s fees.”
Maynard Barrett questioned using grant money for legal defense but Negangard said this was not grant money, it was money appropriated but not having to be spent because of a grant.
Liz Morris said it was “just a transfer” and motioned to approve. Bill Ullrich seconded.
Before the vote, Tom Cheek asked what it was for again. Negangard said “attorney fees” for a “disciplinary grievance.” Cheek asked if that was “by a county employee” and Negangard answered, “yes.”
Some council members thought that this was for an employee issue, because a disciplinary grievance by a county employee usually means that an employee has been disciplined and filed a grievance against the county for it. Dennis Kraus, Sr, Bryan Messmore, Liz Morris, Bill Ullrich, Maynard Barrett, and Dan Lansing voted Aye. Tom Cheek was the lone Nay.
The final step in the checks and balances (or lack thereof) occurred when Commissioners Orschell and Hughes approved the claims at their final 2010 meeting -no questions were asked publicly.
The Prosecutor’s claim form in the Auditor’s office only shows page 4 of the bill paid to Indy law firm Bose, McKinney, and Evans, LLC for $23,828.53. And the minutes only show the vote and account numbers and titles for the transfer. There is no discussion or purpose noted. Though this is a legal way to do minutes, it is inadequate, when questions arise.
I emailed Aaron Negangard January 27-28 requesting the purpose of this transfer. In the third email he states that it was for a disciplinary grievance against him. Disciplinary grievances are filed with the Disciplinary Commission- an arm of the State Supreme Court, which is unrelated to the State Bar Association. Grievances are filed for alleged violations of the Rules of Professional Conduct for Attorneys. County Attorney Baudendistel later stated that this was for a complaint filed by the former County Attorney, G. Michael Witte. However, at the time Negangard requested the payment of attorney fees for his defense, grievances against him had been filed by three different people.
Because the prosecutor is a state employee it seemed like he should be covered by state laws, which indicate that the state does not pay for disciplinary actions against prosecutors or judges. I questioned the county taxpayers paying for this at the February 15, 2011 Commissioners meeting. Commissioners directed County Attorney Baudendistel to research it. One month later he produced an opinion that essentially said the county could invoke “Home Rule” to cover their actions noting, if it is not specifically forbidden, then it is at the complete discretion of the Council.
This brings us back to County Council. Council often asks detailed questions on expenditures for agencies, officeholders, highway engineer, etc. Why were they shy about the prosecutor’s requests? When questioned at the February 15th Commissioners meeting, they looked down at their feet and appeared unwilling, or perhaps unable, to defend their actions.
No one should get special treatment. The prosecutor may seem intimidating, but his requests still require scrutiny- like all others. The discussion should be open and honest so the public understands. Council members should state their reasons for approval or denial of requests to demonstrate accountability to the taxpayer.
When so many people are struggling to make ends meet, officials should also be displaying economic responsibility. Council members are the financial conscience of the county. When they decide to open the taxpayer’s coffers to cover ANY expense, they should be asking who, what, where, when and most importantly, why are they approving that expense.
Christine Brauer Mueller
Tuesday, April 19, 2011
19 April 2011 Dearborn County Commissioners Meeting Notes
19 April 2011 Dearborn County Commissioners Meeting Notes
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and, Andy Baudendistel, Attorney.
Executive session preceding this meeting regarding a Med Ben claim. Commissioners decided to deny the claim at the main meeting.
OLD BUSINESS
1. Purchasing Agent Ordinance- After revisions requested by commissioners and review by county attorney, Baudendistel read the ordinance into the record. Can’t bind commissioners for more than one year or more than $25,000. Lost one county court and added an additional superior court was also reflected in this. Commissioners approved. Twelve additional purchasing agents approved on a yearly basis to these approved by code- Elected officials, county engineer, circuit and superior judge, county highway supervisor. This was approved and will go into effect in 30 days.
2. Dennis Kraus, Jr.- County Surveyor presenting as a private surveyor: Nolte Road- said there was not a whole lot of information on this. He did bring an aerial to show this. County maintains to the end of Gilbert Nolte’s niece’s property. The last several feet are not paved. He has been approached as a private surveyor regarding this. They are looking for something from the commissioners to say they believe this is an apparent ROW. He briefly researched county records in the 1980s. They went back to the 1920s. then the roads were not mentioned by name but by petitioner. By walking it you can tell it was the access to the property. There is also evidence where it went down to the creek, where Roberts Road connected to it from SR 62. There are cabins that are using Nolte for access. Roberts Road runs along the creek and would take equipment to access. There are gates with multiple locks on the gates. Nolte has not been vacated since the 1920’s. He’s not sure if it’s an old trustee road. Those old trustee roads were given to the county for maintenance.
Baudendistel thought it would be prudent to have a survey completed for the apparent ROW before signing off on this. The county will not pay for this – the owner of the properties will pay for this. Kraus, Jr. will research this more with county records. He will present survey to the board and have a written request from his client.
Gayle Pennington asked Kraus, Jr. to come in a fill out a conflict of interest form as he is assuming two roles for this request. He agreed to do that.
NEW BUSINESS
1. Investment Policy Resolution - Baudendistel presented this resolution. Primary objectives will be 1st- safety, 2nd -liquidity, and 3rd- yield and return. Investments shall be made with judgment and care – using the prudence rule. He then listed 8 different funds. They shall only use approved institutions. They will use the bidding process as outlined. At maturity or liquidation – monies will only be invested as stated by this policy. Commissioners approved.
COMMISSIONERS RECESSED BRIEFLY-FOR McHENRY TO HANDLE A PERSONAL FAMILY EMERGENCY.
2. Barb Kaffenberger- Treasurer- Personal Property collections- Thanked commissioners for their investment policies. She went on to state there was over $1-2 million going back 10 years owed to the county. Noel Williams was introduced of American Financial Credit Services. In business since 1993. They have worked with treasurers in the state since 2001. This occurs at no charge to the county. There is a 27% collection fee that the taxpayer who owes the money pays. They are looking to take on just the last few years before looking back 10 whole years. They may also work for the demand notices. They are set up so they can see a complete audit of how they handle the county accounts. The state statute says this rate has to be deemed reasonable- and it has been. Their history of collections has been good and they handle it well. They have never been sued and have collected $40 million on 60 accounts in the state. Occasionally they reduce their fee based on the taxpayer’s ability to pay.
Hughes asked if the sheriff is supposed to collect taxes. They can issue a demand and if not paid in 30 days the assessor has the right to seize the property. Our assessor refuses to do that. Noel Williams said usually the county hopes to NOT get into that process. They prefer to use this method instead. They do this with the medical accounts that they service as well. Baudendistel read the agreement and has no problems. He says there is an adequate termination process.
Tammy White SBOA certifies their demand thru certified judgment process. They also have a fair debt lawyer on staff. Commissioners approved using this company – American Financial Credit Services. Hughes abstained with no reason given for abstention.
3. Compensation Ordinance- Hughes said he’d researched this some time ago- and he gave Shane a copy. He thinks we have lost track of what property rights are here. He cited a property decision of ours made in Jennings County and the manufacturing use of Ag land. He quoted Jefferson and Madison. He talked about Kelo vs. New London.
He said a former commissioner told him the county couldn’t afford to pay this difference.
Both McHenry and Orschell said they needed more time to look at it and it will be costly.
The commissioners tabled this for further review.
A member of the audience also brought up the land use plan recently enacted. Commissioners wanted to get this published and get comments and they will get a PC member involved as well.
4. Planning Commission Regulations Discussion (Classifications)- Mark McCormack. Planning Director- talked about the new districts added- Ag Residential, Single family Residential, and Multifamily residential. They propose to eliminate highway interchange as a separate district. Hughes wants the minimum district sizes to take away. Zoning committee will meet again in mid May ( 18th) to discuss this further. Indiana is changing planning code procedures. We will have to change to be compatible with this. Hughes brought up off site sign rules as hampering business. McCormack said more research is needed on this. Mike Hall PC Chairman said that we have to look at the district size- because we are not getting big Honda businesses here. We can fit these smaller ones in and have the infrastructure in place. There are larger land areas- but they have no infrastructure in place. Hughes said that he wants to see where commissioners stand on this. He said with this economic climate we need to promote jobs. McCormack asked for a copy for PC members. He cited legalities like the Nolan or Dolan cases. He said we need to be sure any ordinance is legally defensible. Hughes said he wants to be sure a person can use his land to benefit the community or himself. McCormack said it still has to be legally defensible at the state and federal levels also. No reason to enact a law that isn’t.
HIGHWAY DEPARTMENT- Todd Listerman gave the following report:
Drew Barth of Howard Barth and Associates- was introduced to talk about replacing the small structure on lower Dillsboro Road. It requires a DNR permit and it lies within wetlands that are forested. They revised project boundaries to stay within existing roadway corridor to avoid problems. DNR responded with environmental concerns still on the revised plan. DNR will not allow riprap on slopes to control erosion. They want a concrete spillway or a flat way to allow animals to cross under the bridge. These will increase the cost of the project thru additional ROW acquisitions, etc. They will ask to hold a meeting with DNR that commissioners can attend. They want to see if they can work through these issues. This would be his advice to them before paying all the costs. Orschell said- well at least they didn’t ask for a wheelchair ramp.They may have to lobby representatives if this doesn’t work. Drew Barth noted- we are not going through virgin territory here- and so this doesn’t seem to be necessary. McHenry thinks these requirements are ridiculous. Listerman will lobby both reps and our senator on this. Orschell and Hughes will try to go. This is holding up the project. They will have to advertise if 2 or more commissioners go.
Listerman opened bids for new salt building that are over budget and will require a new wage rate hearing . He wants to reject all bids and modify the building and rebid. Commissioners rejected bids.
Still trying to meet with last property owner on North Dearborn Road. They hope to have it shelf ready by the end of the year for 2012-13 construction.
Need approval for offer letters for temporary property use of Irwin property to get it for the Shortridge Bridge construction. Approved.
Council meeting May 24th- he would like permission to approach them for line striping for roads for 1000 vpd or more again. Many are fairly faded. He will get a cost estimate to present to come out of account 172 RR account.
They are looking for tandem axel trucks (3) and tractors(3) to be replaced at one per year each for the next 3 years.
Listerman is contacting the hiring board of Council Barrett, Hughes, and Kraus, Sr. for temp intern help in the summer for sign inventory and 2 seasonal mowing helpers. These are $11.50 positions with no benefits. Grieve added that he was going to try to not hire for maintenance- and try to muddle through.
AUDITOR- Gayle Pennington- Commissioners approved claims and March 22nd joint Council Commissioners meeting minutes.
Pennington opened discussion on the Sidwell GIS software claim. It was for $12,779 and this was to be held until the work was finished. Pennington negotiated with her all along. They have complied with everything and training is scheduled with 2nd meeting in May. They will set up a portable classroom for a couple days. Penningon is satisfied that they will meet their obligations. Commissioners want her to hold this till training is completed.
COUNTY ATTORNEY- Andy Baudendistel- The Auditor can collect $5 fee for each real property endorsement. They enacted an ordinance to allow this and the fees will go to a plat book maintenance ordinance. This will go on agenda for next meeting. They can sign it at the next meeting.
COUNTY COORDINATOR- Bill Ewbank- has a request to amend the minutes where you adopted a change to the county’s maps. These reflect the details of why they are digitizing them as well. Approved.
Two more special meetings today- 11 AM and 2 PM at Happy Hollow Road. Ewbank will take minutes at the Happy Hollow site as Pennington did not bring waders. (It is raining heavily today)
PUBLIC COMMENT- Mike Hall – asked for clarification on deed fee’s just approved. Descriptions of easements do not get this fee. People may want to consolidate legal descriptions to get lower fees. Though he said $5 is not very much. Pennington said this also affects sheriff’s sales.
Meeting adjourned at 11:00 AM
Christine Brauer Mueller
Lawrenceburg Township
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and, Andy Baudendistel, Attorney.
Executive session preceding this meeting regarding a Med Ben claim. Commissioners decided to deny the claim at the main meeting.
OLD BUSINESS
1. Purchasing Agent Ordinance- After revisions requested by commissioners and review by county attorney, Baudendistel read the ordinance into the record. Can’t bind commissioners for more than one year or more than $25,000. Lost one county court and added an additional superior court was also reflected in this. Commissioners approved. Twelve additional purchasing agents approved on a yearly basis to these approved by code- Elected officials, county engineer, circuit and superior judge, county highway supervisor. This was approved and will go into effect in 30 days.
2. Dennis Kraus, Jr.- County Surveyor presenting as a private surveyor: Nolte Road- said there was not a whole lot of information on this. He did bring an aerial to show this. County maintains to the end of Gilbert Nolte’s niece’s property. The last several feet are not paved. He has been approached as a private surveyor regarding this. They are looking for something from the commissioners to say they believe this is an apparent ROW. He briefly researched county records in the 1980s. They went back to the 1920s. then the roads were not mentioned by name but by petitioner. By walking it you can tell it was the access to the property. There is also evidence where it went down to the creek, where Roberts Road connected to it from SR 62. There are cabins that are using Nolte for access. Roberts Road runs along the creek and would take equipment to access. There are gates with multiple locks on the gates. Nolte has not been vacated since the 1920’s. He’s not sure if it’s an old trustee road. Those old trustee roads were given to the county for maintenance.
Baudendistel thought it would be prudent to have a survey completed for the apparent ROW before signing off on this. The county will not pay for this – the owner of the properties will pay for this. Kraus, Jr. will research this more with county records. He will present survey to the board and have a written request from his client.
Gayle Pennington asked Kraus, Jr. to come in a fill out a conflict of interest form as he is assuming two roles for this request. He agreed to do that.
NEW BUSINESS
1. Investment Policy Resolution - Baudendistel presented this resolution. Primary objectives will be 1st- safety, 2nd -liquidity, and 3rd- yield and return. Investments shall be made with judgment and care – using the prudence rule. He then listed 8 different funds. They shall only use approved institutions. They will use the bidding process as outlined. At maturity or liquidation – monies will only be invested as stated by this policy. Commissioners approved.
COMMISSIONERS RECESSED BRIEFLY-FOR McHENRY TO HANDLE A PERSONAL FAMILY EMERGENCY.
2. Barb Kaffenberger- Treasurer- Personal Property collections- Thanked commissioners for their investment policies. She went on to state there was over $1-2 million going back 10 years owed to the county. Noel Williams was introduced of American Financial Credit Services. In business since 1993. They have worked with treasurers in the state since 2001. This occurs at no charge to the county. There is a 27% collection fee that the taxpayer who owes the money pays. They are looking to take on just the last few years before looking back 10 whole years. They may also work for the demand notices. They are set up so they can see a complete audit of how they handle the county accounts. The state statute says this rate has to be deemed reasonable- and it has been. Their history of collections has been good and they handle it well. They have never been sued and have collected $40 million on 60 accounts in the state. Occasionally they reduce their fee based on the taxpayer’s ability to pay.
Hughes asked if the sheriff is supposed to collect taxes. They can issue a demand and if not paid in 30 days the assessor has the right to seize the property. Our assessor refuses to do that. Noel Williams said usually the county hopes to NOT get into that process. They prefer to use this method instead. They do this with the medical accounts that they service as well. Baudendistel read the agreement and has no problems. He says there is an adequate termination process.
Tammy White SBOA certifies their demand thru certified judgment process. They also have a fair debt lawyer on staff. Commissioners approved using this company – American Financial Credit Services. Hughes abstained with no reason given for abstention.
3. Compensation Ordinance- Hughes said he’d researched this some time ago- and he gave Shane a copy. He thinks we have lost track of what property rights are here. He cited a property decision of ours made in Jennings County and the manufacturing use of Ag land. He quoted Jefferson and Madison. He talked about Kelo vs. New London.
He said a former commissioner told him the county couldn’t afford to pay this difference.
Both McHenry and Orschell said they needed more time to look at it and it will be costly.
The commissioners tabled this for further review.
A member of the audience also brought up the land use plan recently enacted. Commissioners wanted to get this published and get comments and they will get a PC member involved as well.
4. Planning Commission Regulations Discussion (Classifications)- Mark McCormack. Planning Director- talked about the new districts added- Ag Residential, Single family Residential, and Multifamily residential. They propose to eliminate highway interchange as a separate district. Hughes wants the minimum district sizes to take away. Zoning committee will meet again in mid May ( 18th) to discuss this further. Indiana is changing planning code procedures. We will have to change to be compatible with this. Hughes brought up off site sign rules as hampering business. McCormack said more research is needed on this. Mike Hall PC Chairman said that we have to look at the district size- because we are not getting big Honda businesses here. We can fit these smaller ones in and have the infrastructure in place. There are larger land areas- but they have no infrastructure in place. Hughes said that he wants to see where commissioners stand on this. He said with this economic climate we need to promote jobs. McCormack asked for a copy for PC members. He cited legalities like the Nolan or Dolan cases. He said we need to be sure any ordinance is legally defensible. Hughes said he wants to be sure a person can use his land to benefit the community or himself. McCormack said it still has to be legally defensible at the state and federal levels also. No reason to enact a law that isn’t.
HIGHWAY DEPARTMENT- Todd Listerman gave the following report:
Drew Barth of Howard Barth and Associates- was introduced to talk about replacing the small structure on lower Dillsboro Road. It requires a DNR permit and it lies within wetlands that are forested. They revised project boundaries to stay within existing roadway corridor to avoid problems. DNR responded with environmental concerns still on the revised plan. DNR will not allow riprap on slopes to control erosion. They want a concrete spillway or a flat way to allow animals to cross under the bridge. These will increase the cost of the project thru additional ROW acquisitions, etc. They will ask to hold a meeting with DNR that commissioners can attend. They want to see if they can work through these issues. This would be his advice to them before paying all the costs. Orschell said- well at least they didn’t ask for a wheelchair ramp.
Listerman opened bids for new salt building that are over budget and will require a new wage rate hearing . He wants to reject all bids and modify the building and rebid. Commissioners rejected bids.
Still trying to meet with last property owner on North Dearborn Road. They hope to have it shelf ready by the end of the year for 2012-13 construction.
Need approval for offer letters for temporary property use of Irwin property to get it for the Shortridge Bridge construction. Approved.
Council meeting May 24th- he would like permission to approach them for line striping for roads for 1000 vpd or more again. Many are fairly faded. He will get a cost estimate to present to come out of account 172 RR account.
They are looking for tandem axel trucks (3) and tractors(3) to be replaced at one per year each for the next 3 years.
Listerman is contacting the hiring board of Council Barrett, Hughes, and Kraus, Sr. for temp intern help in the summer for sign inventory and 2 seasonal mowing helpers. These are $11.50 positions with no benefits. Grieve added that he was going to try to not hire for maintenance- and try to muddle through.
AUDITOR- Gayle Pennington- Commissioners approved claims and March 22nd joint Council Commissioners meeting minutes.
Pennington opened discussion on the Sidwell GIS software claim. It was for $12,779 and this was to be held until the work was finished. Pennington negotiated with her all along. They have complied with everything and training is scheduled with 2nd meeting in May. They will set up a portable classroom for a couple days. Penningon is satisfied that they will meet their obligations. Commissioners want her to hold this till training is completed.
COUNTY ATTORNEY- Andy Baudendistel- The Auditor can collect $5 fee for each real property endorsement. They enacted an ordinance to allow this and the fees will go to a plat book maintenance ordinance. This will go on agenda for next meeting. They can sign it at the next meeting.
COUNTY COORDINATOR- Bill Ewbank- has a request to amend the minutes where you adopted a change to the county’s maps. These reflect the details of why they are digitizing them as well. Approved.
Two more special meetings today- 11 AM and 2 PM at Happy Hollow Road. Ewbank will take minutes at the Happy Hollow site as Pennington did not bring waders. (It is raining heavily today)
PUBLIC COMMENT- Mike Hall – asked for clarification on deed fee’s just approved. Descriptions of easements do not get this fee. People may want to consolidate legal descriptions to get lower fees. Though he said $5 is not very much. Pennington said this also affects sheriff’s sales.
Meeting adjourned at 11:00 AM
Christine Brauer Mueller
Lawrenceburg Township
Sunday, April 17, 2011
St. Leon Public Meeting
The St. Leon Plan & Zone Commission will hold a public meeting to review a DRAFT update of the St. Leon Zoning Map on Wednesday, May 4th, 2011 at the Post 464 American Legion. The Plan Commission public hearing is set to begin at 7:30pm; however, the DRAFT zoning map is not scheduled to be reviewed and discussed with the public until decisions have been rendered for all other case-sensitive items that are on the agenda.
The Plan Commission, staff, and consultant will review the DRAFT zoning map proposal and will field and address questions, comments, concerns and recommendations from the community. All interested parties may obtain an agenda or staff report for this meeting by visiting the Dearborn County Department of Planning & Zoning office—located on the third floor of the Administration building—or by accessing these items online at the following website: www.stleon.us
Background
For the past 4 years, the St. Leon Plan & Zone Commission and Town Council have been working with staff and consultant Joe Rathz to prepare updates to the Town’s zoning and subdivision control ordinances and the community’s zoning map. The previous ordinances and map were originally adopted in 1993. In November of 2010, the St. Leon Town Council adopted updated to the zoning and subdivision control ordinances—following 3 years of work and public hearings administered by the Plan Commission. In the past 6 months, the St. Leon Plan Commission has moved forward with the final portion of the zoning update process, allowing for the creation of a map to be discussed with the public for input and feedback prior to any formal review and action by the affected Town boards.
Public Review & Comment
Hard copies of the draft Zoning Map and the current Zoning Map will be on display for public review at the Dearborn County Department of Planning & Zoning as well as the Town of St. Leon offices. Digital copies of the both documents may also be obtained online at www.stleon.us. Public comment forms are also available—both online and at the Dearborn County Planning & Zoning Office—for those who would like to forward written comments or for individuals who may not be able to attend the May 4th meeting.
FOR: IMMEDIATE RELEASE
April 13, 2011
CONTACT:
Mark McCormack, Director of Planning & Zoning
Dearborn County Plan Commission
(812) 537-8821
mmccormack@dearborncounty.in.gov
The Plan Commission, staff, and consultant will review the DRAFT zoning map proposal and will field and address questions, comments, concerns and recommendations from the community. All interested parties may obtain an agenda or staff report for this meeting by visiting the Dearborn County Department of Planning & Zoning office—located on the third floor of the Administration building—or by accessing these items online at the following website: www.stleon.us
Background
For the past 4 years, the St. Leon Plan & Zone Commission and Town Council have been working with staff and consultant Joe Rathz to prepare updates to the Town’s zoning and subdivision control ordinances and the community’s zoning map. The previous ordinances and map were originally adopted in 1993. In November of 2010, the St. Leon Town Council adopted updated to the zoning and subdivision control ordinances—following 3 years of work and public hearings administered by the Plan Commission. In the past 6 months, the St. Leon Plan Commission has moved forward with the final portion of the zoning update process, allowing for the creation of a map to be discussed with the public for input and feedback prior to any formal review and action by the affected Town boards.
Public Review & Comment
Hard copies of the draft Zoning Map and the current Zoning Map will be on display for public review at the Dearborn County Department of Planning & Zoning as well as the Town of St. Leon offices. Digital copies of the both documents may also be obtained online at www.stleon.us. Public comment forms are also available—both online and at the Dearborn County Planning & Zoning Office—for those who would like to forward written comments or for individuals who may not be able to attend the May 4th meeting.
FOR: IMMEDIATE RELEASE
April 13, 2011
CONTACT:
Mark McCormack, Director of Planning & Zoning
Dearborn County Plan Commission
(812) 537-8821
mmccormack@dearborncounty.in.gov
Thursday, April 14, 2011
Agenda for April 19th Commissioners Meeting
AGENDA DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
April 19, 2011 9:00 a.m.
City of Lawrenceburg Administration Building
230 Walnut Street,
Lawrenceburg, Indiana
NOTE: There are two more special meetings at 11 and 2 to discuss Langley Heights and Happy Hollow
EXECUTIVE SESSION 8:30 - Med Ben Appeal
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Purchasing Agent Ordinance
2. Dennis Kraus, Jr. - Surveyor : Nolte Road
IV. NEW BUSINESS
1. Investment Policy
2. Barb Kaffenberger - Personal Property Collections
3. Compensation Ordinance 4. Planning Commission Regulations Discussion (Classifications)
V. HIGHWAY DEPARTMENT- Todd Listerman Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
April 19, 2011 9:00 a.m.
City of Lawrenceburg Administration Building
230 Walnut Street,
Lawrenceburg, Indiana
NOTE: There are two more special meetings at 11 and 2 to discuss Langley Heights and Happy Hollow
EXECUTIVE SESSION 8:30 - Med Ben Appeal
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Purchasing Agent Ordinance
2. Dennis Kraus, Jr. - Surveyor : Nolte Road
IV. NEW BUSINESS
1. Investment Policy
2. Barb Kaffenberger - Personal Property Collections
3. Compensation Ordinance 4. Planning Commission Regulations Discussion (Classifications)
V. HIGHWAY DEPARTMENT- Todd Listerman Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
Tuesday, April 05, 2011
5 April 2011 Dearborn County Commissioners Meeting Notes
5 April 2011 Dearborn County Commissioners Meeting Notes
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and, Andy Baudendistel, Attorney.
OLD BUSINESS: Purchasing agent ordinance- discussed at the last 2 commissioners meetings. What was in place is 25K for supplies and unlimited for services. . In place since 6/25/98. Also – agreements or contracts couldn’t last more than 1 year was added later. Baudendistel was directed to draft it using 25 K limit for supplies and for services. Ewbank suggested they also specify that the law specifies who is in charge when the dept.head is unavailable. He will work with Baudendistel on the draft. Tabled till next meeting.
NEW BUSINESS: Discussion on private web link policy – Hughes brought this up he doesn’t want to advertize or play favorites with individuals on their sites. Orschell cited that the county websites had Perfect North Slopes, Hollywood Casino, The Lawrenceburg Speedway, the Register, The journal Press, Eagle Radio WSCH, and the Dearborn County Public Forum links on them. Other commissioners agreed. Discussion about Facebook usage during county time centered on having the dept heads control this. Baudendistel will bring a resolution to the next meeting limiting links to gov’t only ones.
Discussion on return of investment for Chamber Administrative Agreement- Mike Rozow showed us all his Butler T-shirt – first in our hearts if not first in the nation and he said he was class of 1969. This is his 3rd year on Econ Development Initiative and Redevelopment Commission. One is for product development and the other to finance it. Maynard Barrett is the non- voting person from Council who sits on Redevelopment.
They hired Paul Kunkel- civil engineer- from Cinti State and Ivy Tech long distance learning for his degree in Business Administration. They helped St. Leon with Jim Kinnett as their consultant working on an outline of where they want business to go. They are also in the SEI growth alliance.
They have been concentrating also on the West Harrison site. Because of the sensitive nature of talking about some of these projects, they have not come to Commissioners with plans before. They have 3 companies right now- Project Fortis from Boone County ( sp?) 3 new jobs in 3 years 6.2 mil – 6200-100,000 sq ft bldg- closing on it Apr 14. Project Hirlinger- 140 new jobs (120 immediately)- 18 mil over 3 years. Project Bessle (sp?)- 75 new jobs- 500 possible- east coast from NJ- $8 mill – 8,000-100,000 sq ft. they want to move 5 other of their businesses to Dearborn County. $ 32,550,000 investment over 3 years. Fortis will be in Greendale and Bessle will be in Lawrenceburg, so no county investment. Meeting with a 4th company- on a consolidation/expansion. Not talking further about that at this point.
Orschell glad the county committed to sewer the Harrison TIF. Hirlinger got a $150,000 L-bg match for the county’s money. $4million payroll a year and so $750,000 for the county coffers. It was asked how shovel ready was defined. Kinnett said there was a lot of paperwork involved. It was noted that the utilities and infrastructure need to really be there- as most want to have them already in place. Cindy Luchow asked about the types of companies that are coming in. Rozow noted that a lot of these are bringing jobs into the area- especially the Bessle project.
Greg Townsend- Nolte Road ROW- has listed 177 acres in Farmers Retreat from the Larson estate. Mark Gindler representing a NC buyer and they need verification of the ROW. Nolte Road- pavement ends and gravel begins and there are two gates along this road. Other owners are from Cincinnati. He brought in 1875 atlas, assessor records etc. In some of the deeds Nolte Road is mentioned. Potential buyer won’t place a bid unless he has documentation of legal access to the property. Descendents in North Dakota told him he could cut the locks off the gates to access. Other property owner was not happy about that. Kraus Jr told him the county maintained it to the end of the pavement. Listerman email said 0.07 mile with a gate at 250 ft. past end of pavement. Wenzel talked to owner. There was no vacation of the old road. He needs to hire a surveyor and an attorney to have an official access easement recorded. Gayle Pennington told him the minutes are in auditor’s office. Orschell said he would get with Art Wenzel and get back to him (Greg Townsend)
Investment Policy- Umbaugh and Associates– these resolutions were developed after the presentation to Council and Commissioners previously. The County is having trouble finding safe and decent rates for county funds due to banking rules since the economic meltdown..
Baudendistel read both resolutions into the public record and commissioners approved both. Treasurer Barb Kaffenberger was present for this. Resolution CDAR- 5-13-9-5 and 5.3 allows the county to invest public money in these CDAR funds per state laws. Resolution Hoosier Fund- allows interlocal agreement to invest public funds in additional investment options. US Bank as custodian. Treasurer also involved.
Medical Reserve Corps – Resolution- determining which dept will house the MRC, i.e. MRC is under the Health Board and Ginny Daum in charge. HIGHWAY DEPT- Todd Listerman- no updates-Listerman not present.
AUDITOR- Gayle Pennington- Congressional School Fund was turned over to the state in Dec 2009 and this is the last annual report to sign on this as those funds are dissolved. Commissioners approved and signed the $0 balance report. St. Leon EMS $24,000 contract signed. Claims and March 1st minutes and March 15th signed. In the maintenance dept- the assessors and GIS servers have been added to this room. Even with the exhaust fan servers go down due to heat. It will take $6-7,000 to cool this room. Pennington doesn’t think that the maintenance dept should have to foot the entire bill. She will approach Council to get funding reimbursed to Rick Hartman for that dept. Cum Courthouse might be able to be used for this. Commissioners approved this as an emergency situation.
Payment voucher for lobbyist services- John Frick and Associates- Pickens signed this contract thru most of 2011 from 2009. An intern sends the laws related to us – no real personal touch per McHenry. Maynard Barrett gets some emails from them for Council. Pennington has not received the ones that used to go to Pickens. It costs $6,000 per month. They are checking into this!!! Commissioners said that we have 2 lobbysists- this one and Lewes and Kappes. Barnes and Thornburgh are no longer lobbyists.
ATTORNEY- Andy Baudendistel- 2 new tort claims received. He also said he won’t be able to go to PAWS shelter this week. Orschell will relay his regrets to PAWS.
COUNTY COORDINATOR- Bill Ewbank- request for Lifetime Resources to get an extension of 3 months for an owner occupied Community Development Block Grant for rehab for Dearborn County. They have some staffing issues due to some leaving for health reasons. Commissioners approved the extension.
Assessor sent a message for new construction bids- CLT Tyler Tech for $46,000 which is $15,000 less than previous one. Resolution with Listerman and McCormack on the Happy Hollow ROW property differences. They will meet with Commissioners when that happens. May have it for an afternoon special meeting after a regular meeting.
COMMISSIONER COMMENTS- Orschell recognized Johnnie Stegemiller, a nurse with Health dept who retired.
LATE ARRIVAL INFORMATION- John Moore discussed land between him and Mr Kerns in Langley Heights. Moore says it devalues his property the way the county worked it. Roger Woodfill, surveyor, looked at it. Woodfill joked that he had forgotten to wear his Purdue T-shirt- as an aside to Rozow’s Butler Univ one earlier. Woodfill went on to say he wrote a letter Sept 10 and again in March suggesting a better way to vacate the streets in Langley Heights. He suggested full 50 ft ROWs. It was platted in 1890s in horse and buggy days. Vacating existing lots lines and redraw the entire plat and all sign off on this plat. There were no monuments, iron pins up there when he investigated. He wanted commissioners to do the plat and get it to modern day standards. Moore did note that other property and other neighbors are in court he thinks over it. Why is Kern a developer who doesn’t live here get favored over a resident who lives here? Orschell is in favor of taking a 2nd look. Hughes said he didn’t vote for the original ROW decision. They will look into it. Orschell will get with County Surveyor and Art Wenzel. He and Shane will make a site visit as well. Bill Ewbank will coordinate that.
PUBLIC COMMENT Phil Darling-Guilford- asked how much we pay Lewes and Kappes lobbyists- answer was about $28,000 a year. He stressed that he was glad as a taxpayer to see that we were getting this changed.
Cindy Luchow- noted there was a lot of property at the base of Pribble Road for sale. She noted how much cleaner it was now that the correctional dept cleaned it up. Ewbank said that the road crews from Community Corrections are getting out again as its spring again.
Meeting adjourned at 7:45 PM
Christine Brauer Mueller Lawrenceburg Township
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