REPUBLICAN CAUCUS RETURNS MESSMORE TO COUNCIL

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

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

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

WHAT HAS VIESTE BEEN UP TO LATELY?

What Has Vieste Been Up To Lately?

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

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

DRAFT AGENDA COMMISSIONER'S MEETING 3 NOV 2009

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


EXECUTIVE SESSION 8:30 AM – MED BEN APPEAL

I. PLEDGE OF ALLEGIANCE

II. CALL TO ORDER

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


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

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

3. PAWS
Spay and neuter program

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


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


VI. AUDITOR - Cary Pickens
1. Claims/Minutes

VII. ATTORNEY

VIII. COMMISSIONER – Jeff Hughes

IX. COMMISSIONER – Tom Orschell

X. COMMISSIONER – Ralph Thompson, Jr.

XI. LATE ARRIVAL INFORMATION

XII. PUBLIC COMMENT

XIII. ADJOURN

26 October 2009 Dearborn County Plan Commission Meeting Notes

26 October 2009 Dearborn County Plan Commission Meeting Notes

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

New Business:

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

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

Administrative:

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

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

3. 2010 meeting schedule was passed out.

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

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

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

Meeting adjourned at 8:20 PM

Christine Brauer Mueller
Lawrenceburg Township

20 October 2009 Dearborn County Commissioners Meeting Notes

20 October 2009 Dearborn County Commissioners Meeting Notes

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

OLD BUSINESS

Hogan Water Corp- remains tabled waiting on Hogan Corp

East Fork Road remains tabled waiting on INDOT

YES Home lease remains tabled pending YES Home review of lease

Happy Hollow Road remains tabled while investigating

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

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

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

NEW BUSINESS

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

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

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

2010 Employee Holidays Calendar was approved

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

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

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

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

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

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

PUBLIC COMMENT

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

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

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

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

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

Meeting adjourned at 8 PM

Christine Brauer Mueller
Lawrenceburg Township

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

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

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

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

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

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

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

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

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

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

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

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

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


Alan S. Freemond

Solution - Healthcare by Insurance is Not the Way

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

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

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

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

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

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

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

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

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

DRAFT AGENDA 20 OCTOBER 2009 COMMISSIONERS MEETING

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


I. PLEDGE OF ALLEGIANCE

II. CALL TO ORDER

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


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

2. Gayle Pennington, Treasurer
Service Agreement Signatures

3. 2010 Employee Holiday Calendar


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

VI. AUDITOR - Cary Pickens
1. Claims/Minutes

VII. ATTORNEY

VIII. COMMISSIONER – Jeff Hughes

IX. COMMISSIONER – Tom Orschell

X. COMMISSIONER – Ralph Thompson, Jr.

XI. LATE ARRIVAL INFORMATION

XII. PUBLIC COMMENT

XIII. ADJOURN

6 October 2009 Dearborn County Commissioner Meeting Notes

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

6 October 2009 Dearborn County Commissioner Meeting Notes

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Someone stated that the new building will be more efficient.

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

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

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

OLD BUSINESS

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

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

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

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

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

Thompson asked when we could expect a starting date.

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

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

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

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

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

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

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

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

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

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

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

NEW BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Black said the district grant is $126,000.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thompson asked if there was any public comment.

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

Hughes said these are legal questions.

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

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

Hughes motioned to adjourn the meeting
Orschell seconded the motion.


Helen Kremer
Logan Township

DRAFT AGENDA COMMISSIONER'S MEETING 6 OCT 2009

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

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

I. PLEDGE OF ALLEGIANCE

II. CALL TO ORDER

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

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

2. SRI Representative – Presenting certificates from tax sale

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

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

5. Carl Fryman – Building Department
Inter-local agreement


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

VI. AUDITOR - Cary Pickens
1. Claims/Minutes

VII. ATTORNEY

VIII. COMMISSIONER – Jeff Hughes

IX. COMMISSIONER – Tom Orschell

X. COMMISSIONER – Ralph Thompson, Jr.

XI. LATE ARRIVAL INFORMATION

XII. PUBLIC COMMENT

XIII. ADJOURN

SPCA Meeting CANCELLED for THURSDAY OCT 1

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