County Council - Regular Meeting

table.

Oh, yeah.

Okay. Well, I see the town of Lburg is empty now because everybody's here. Okay. Are you guys ready? Bonnie, you ready? All right. Good morning everyone. Just to uh welcome to the Durban County Board of Commissioners meeting April 7, 2006 26. Please rise and join me in the pledge of allegiance to the flag of the republic for which it stands under indivisible and justice for all.

As a recipient of federal funds and support of the countyy's efforts to ensure non-discrimination and equal access to all citizens, the county gathers statistical data regarding participants and county activities. Therefore, we've provided a voluntary title six public involvement survey at this meeting. You are not required to complete this survey. However, the form is anonymous and will be used solely for the purpose of monitoring our compliance with title 6 and ADA. Prior to today's this morning's meeting, there was an executive session of the board of commissioners. The executive session was called pursuant to Indiana code 5-14-1.5-6.1 subsection V2B to discuss the strategy with respect to any of the following. Initiation of litigation or litigation that is either pending or has been threatened specifically in writing as used in this clause. litigation includes any judicial action or administrative law proceeding proceeding under federal or state law. Uh, additionally, subsection B9 uh to allow communications with an attorney that are subject to the attorney client privilege. I would just ask the commissioners for a motion to certify that that is all that was discussed and that no other matters were discussed.

Move second. All in favor? I. Motion carries. And there's no final action to be taken. So that's all we need to do with that. All right. And seeing there's no old business, we'll move directly to new business and a proclamation declaring April 30th, 2026 National Therapy Animal Day. So, we have a resolution somewhere. Proclamation. Proclamation. Yeah. Do you want me to read that? You want me to read it? Would you please?

Yes. A proclamation of the Dearborn County, Indiana Board of County Commissioners. The Dearborn County Board of Commissioners hereby proclaim to all which these pres presents may come. There are thousands of pet partners, therapy animal teams survive serving in communities across the United States. And whereas pet partners has designated April 30th as national therapy animal day. And whereas scientific research shows that interacting with therapy animals can reduce stress, relieve depression, slow heart rate, lower blood pressure, and strengthen the immune system. And whereas therapy animal teams within Dearborn County play an essential role in improving animal human health and well-being through the human animal bond. And whereas therapy animal teams interact with a variety of people in our community, including veterans, seniors, patients, students, victims of abuse, and those approaching end of life. And whereas these exceptional therapy animals who partner with their human companions bring comfort and healing to those in need. And whereas we encourage more pet owners to consider becoming pet partners volunteers to help our community by creating greater access to meaningful therapy animal visits. Now therefore, the board of commissioners of Dearborn County, Indiana, do hereby proclaim April 30th, 2026 as National Therapy Animal Day in Dearborn County, and encourage our citizens to celebrate therapy animals and their human handlers. Further, we publicly salute the service of therapy animal teams and our community and communities across the nation. and witness whereof this proclamation bearing the seal of Dumer County, Indiana and the signature it signatures of its authorized officers is duly approved by at LSburg, Indiana. This the 7th day of April in the year of our Lord 20126. Have

a motion to approve proclamation declaring April 30th, 2026 National Therapy Animal Day as presented by Mr. Bushell. So moved. Second. All in favor? I motion carries. We have several of the animals here and which one is Gina? So Gina, do you want to come up and get the proclamation?

Do you guys all want to go up and we'll get welcome. Very glad to do it. Can we stay here? Stay there. We don't want to take away from the dogs. Wow. You can ride.

You guys might want to stand up. Yeah. Right in front of me.

Thank you, man. Thank you very much. You're very welcome. Okay, next up is the appointment to uh the convention and tourism bureau. Um Tim Dole sent uh a recommendation from the the bureau um of Dominic Kosenino. He is a director of operations for the archaeological research institute here in Lawrenburg. Um so we ask that the board approve the um recommendation.

I'll make a motion to accept Dominique Centino as the director to the board of to the board of uh bureau appointment. Sorry. Seconded. All in favor? I motion carries. Okay. Next up is the EMA LEPC. Kevin, do you want to give me the acronym for that?

Uh the EMA is Emergency Management Association. The LAPC is the local emergency planning committee. Um when we put this on the uh agenda, uh this is just going to only concern the emergency management association or agency. LAPC is defined by statute and the number of members and where they come from. Uh what we're having a problem with the emergency management association is we do not have a representative from Hidden Valley. That representative was David Wisman. David Wisman no longer works for Hidden Valley. Uh so what I'm requesting is to have a uh second citizen citizen appointment to that. Uh if if we if we need further question, Jason Sullivan's in the audience today, our EMA director. Uh and that being on I'm on that board. the more the marrier on that board. With that uh board, we need a lot of help, a lot of volunteers to uh make the plans to deal with countywide disasters. And Dave Wisman having well over 40 years of law enforcement and emergency service experience uh would be a to keep him on that board, we'd lose a lot of institutional knowledge. He's been through floods, tornadoes, everything else. And uh so what I'm requesting is that we make an extra citizen appointment board to keep him on there while we still search for somebody from Hidden Valley. Jason, did I misstate anything?

There's Chris Fox that the commissioner can approve and we only have one at this point. David be number two. Discussion. No, that's fine. I'm fine with that. You want to make a motion? Make a motion to appoint David Wisman as a citizen advisory uh person on the EMA board. Second it. All in favor? I. Motion carries. All right. Um, we're going to move to table the joint resolution of the 2026-004 with council in regards to the Lynchburg Conservatory.

Yeah, I spoke with uh Jared Ebank. He's the attorney for the LCD yesterday. There's just a minor uh amendment that needs to be made to that um resolution that council adopted. Um, council meets May 6th and then the commissioner's meeting after that would be I believe it's the 19th. Um, and so we would look to address that next month. Okay. Right here. That is correct. Thank you. I'll make a motion to table joint resolution 2026-004. Second. All in favor? I motion carries. All right. Next up, resolution of 2026005 for the lifelong resources cycle 2027 grant application. Hear him? Yeah.

Step up. Tell us who you are. Good morning. I'm Michelle Gus. I'm the director of Catcher Ride. Um, we are applying for our 2027 INDOT grant. And part of that application process includes going to each county we serve to get a resolution that you support us as being your public transportation organization in your county. And that's what last name got gu i d i c e. Thank you. This is something INDOT started maybe three years ago.

Okay. Any questions about that? No. All right. U make a motion uh for the authorizing resolution 20 2026-005 seconded. All in favor? I. Motion carries. Thank you. Thank you. Appreciate it. All right. Um you want to stay up there and next up is the ordinance of 2046005 to amend chapter 90 of the animal. Yes. So I'm authorizing need a copy since we signed animal of code of ordinances. Yes. Yes. Thank you. lifting. Yeah. Oh, I got Okay. Sorry. Too many I got too many things in.

Uh, so the authorization to make improvements at the Yes Home, we have a long-term lease with um Yes Home County Farm. Um, and pursuant to the terms that lease agreement because the county owns the structures uh u ultimately owns the property. Uh, the FOMO does have to get written permission from the uh board of commissioners prior to commencing any work. Uh this was we actually discussed this project last meeting with the um restriction that was placed on the property. Uh but the yes home has received substantial funding uh grant funding from United Way as well as private funding um to complete a $1.2 million uh project um to finish the renovations of the first floor of the structure which will allow 10 additional 10 additional um youth to be live there and you will receive services there. Uh so this is an authorization to allow that work to be completed.

U make a motion to accept uh or for the authorization to make improvements at the SOM. Second. All in favor? I motion carries. Thank you. I make one comment. We'd like Okay.

Yeah. Jim knows them too well. Uh we just want to invite the commissioners up sometime even before this uh new phase to see what it was and what it's going to look like or something. I think you'll be amazed at it. And know both you two can't come up at once, but give us a call, give Amy a call, give me a call, give Celeste a call. Love to have you come up to look at it to see what your what your building uh did look like and what it's going to look like. Okay. Okay. Thank you. Thank you, Eug. It's a wonderful organization. Yes. Right.

Now, I think we can move on to ordinances 2026005 to amend chapter 90 of the animal control uh ordinances. I don't think that I don't think that's in your packet, but the original

uh so this is uh amendments to section 90.02 as well as section 90.2. Uh the amendments have to deal with um community cats. Um just stray barrel hats in our community specifically, especially in the the cities and towns are a big issue. And so I know officer Hoster, Director Hoffetter is always um keeping an eye on that and what what we can do to try and combat that. So, this is again updated language and just so everybody's aware, if you are setting food out and water out for these stray cats, you are what's considered a community cat caregiver. And there are specific rules that have to be followed as far as getting the animals spayed and neutered and returning them to where you had grabbed them from. Um, and so it's just updating language um with those sections as we continue to try and combat that ongoing issue. Um, I think Greenale's worked with animal control to have it cast uh, you know, trapped and spayed and neutered. And I know that I put uh, Larsburg in contact with Director Hoffsteader also. Um,

I know once they spayed and neutered, some of them have been brought back out to the nursing home out in Dillsburg for the residents to that are able to go outside to play with them and stuff. And the ones that do wander off, uh, one of them ended up in our front porch and we named it Toothless the cat. Now, now she lives inside and doesn't go outside. So, yep. Good, good ordinance. All right. You want to make a motion then to approve that ordinance? I make a motion to approve that ordinance. Second it. All in favor? I.

Motion carries. Todd Lucer, the county engineer. Todd Lman, county engineer. Uh, first on the agenda today is the annual highway operations report for 20125. You all got a copy for your review. Uh the biggest takeaways on uh the annual report is Dearborn's Ca County spent just over one $16.1 million on highway related expenses, uh salaries, equipment, uh actual uh pavement repairs for the roads and bridges in the county. uh just under $5.5 million of that came from the state through our tax distributions that we get annu for the state. Uh $9.7 million came from other funds either state grants, federal grants, uh casino funds, wherever we were to find funds for the highway department. So uh basically uh 60% of our funding for the highway department came from other sources other than the dedicated accounts to that the state provides for us to run the highway department. Uh so what I'm asking for you today is a signature on the annual report till I can send it to uh the state and then we can be eligible for any other state requirements and uh uh distributions uh for the upcoming year.

Okay. Thank you T. Any questions about the annual report? If not then if you'd make a motion to approve the annual report. So moved. Second. All in favor? I carries.

Just want to let you know too, Ch's going to be here this morning. He just has to sign it. But he had to go to he when he gets back from the vault. Next in the agenda is the PAMP contract. Uh PAMP meaning pavement asset management plan. Basically what has to be done to qualify for community crossing matching grant through INDOT some other funds that we uh apply for funding through uh for grants requires that we have a asset management plan. Basically what it does is every two years there's a physical inspection of every section of road in the county and it is graded accordingly in a 1 to 10 scale uh based on the federal guidelines of the of the assessment. Uh so uh this year it's just the paper update. They don't have to physically look at every road. they only have to look at the roads that we did upgrades on and then modify the actual uh uh plan based on what we've worked on in the past two years. So, uh this year's contract is again with HWC Engineering in the amount of $7,000. So, I'm asking for you to approve that. The money is already budgeted and uh so there's plenty of money for that uh work to be done

and we really have no choice but to do it. Well, you don't want to apply for a million dollar fun, you know? Right. I mean, there's you you you don't have to, but Right. But you but if you want other If you want other funds and 60% of our money comes from other funds, you're you're fine. You have to do it. Yeah. I'll make a motion to approve the PA contract. I'll second it. All in favor? I And it just has a place for Jim signature. Sorry, something about that. Okay. Just be assigned both.

Just me. Just you collecting quite a here. Lastly is the quotes uh for our thin thin epoxy overlays for our bridges uh for this year. Uh basically what this is is to extend our lives uh for our bridges uh just like you would have black top sealer on your black top driveway. When you for bridges, concrete bridges, you have a thin epoxy overlay. Again, what that does is seal the top of the structure, uh, seal all small cracks. That way, you're preventing the salt and water getting down the bridge. Extend your life of the bridges. There are three bridges to be done this year. Uh, the first the bridges are bridge 58, which is Wilson Creek Road, bridge 72, which is St. Peters Road, and bridge 108, which is Harrison Brookville Road. Harrison and Brookville Road will be maintained uh done half at a time because of all the businesses in that up in that area. Uh St. Peters Road will be closed. We're looking at probably just a one-day closure on that. Wilson Creek will be actually a two-day closure because there's some minor repair work that we have on a separate contract that I signed or will be signing to do the minor repair work and then they'll come in behind and that will do the oxy overlay over top of it. So the amount that we will have are for uh the individual bridges. I'll go through

them. Bridge 58 will be for $30,43656. Bridge 72 will be for $13,347.33. and bridge 108 will be for $49,5752.

So let us know how how how many more years does that extend the life of our bridge? uh with our bridges, state says on their bridges because most of their bridges have a lot higher traffic, they're saying anywhere 10 to 15 years extra life into the bridge. For us, we're looking at 20 to 25 years. Okay. So, just because of the extra, we don't have the wear and tear on the overlay that they would have on US50. My point is that the return on our investment is pretty good. Oh, it's Yeah, the return is way more than the cost.

Okay. Todd, if also when you uh do do especially the Wilson Creek one and I usually do this, let 911 know so they can put out all it'll be just like we do with all our closures, they will know in advance. Yeah. Uh so that being a shortcut to the hospital. Correct. Correct. And just one other note, I I the one bridge 58 um closing the bridge that second bid. So, actually closing the road for that treatment saves us $7,500. Basically, I got a quote both ways, but then once I got the quote to do the repair work and we got out and looked at all the extra repair work,

it made sense. It we couldn't do the repair work without closing it. So, it's like if I got to close it to do the repair work, I'm going to close it. I was hoping maybe not have to do the closure repair, but yeah, that'll save us about $7,000 by closing it uh for those two days. So you have to do it anyway, but it's saving us money. It's saving us money on top of on top of correct. That's good. You want to make motion? Yeah. I make a motion to approve the three bridge overlayments. That's presented by presented by Mr. Lester. Second. All in favor? I again just as place forg.

Okay. Thank you. That is all I have unless you have something for me. Thank you, Todd. Thank you. Thank you.

Okay. Request for road closure on County Line and Bulk Road. Uh yeah, that's going to come from me. Uh so the probation the kids from probation are coming out to Clayton roadside on South Broadway Street in Morris Hill on April 8th from about 400 pm until dark. Uh they would like to have the road closed uh because that South Broadway Street uh dead or goes into county roads at West County Light and Bulks Road. So it'll be from 400 p.m. until dark. So about 4 hours. Okay. Question. I mean, I'm assuming you check with law enforcement to make sure that's all right.

Yeah. We'll take care of that. Will I make the motion? Okay. Uh yes. Make a motion to close uh uh county or I'm sorry, uh Broadway Street at County Line and at Bulk Road, which is our county bridge. Second. All in favor? I motion carries. All right. Uh petition to for a parent rideway. Jared, thank you. Eubank, please.

Uh good morning, commissioners. Jared Eubank, as Mr. Thatcher has kindly introduced me. Uh I'm here today. I've uh filed a uh preliminary or a petition for preliminary declaration that Dog Ridge Road uh be considered an apparent rideway subject to an actual hearing of the public where notice will be given to all parties affected by this. Uh this is done pursuant to Indiana statute 8-20-1-15.5 and also uh the commissioner's new ordinance the uh 70.10 10, I believe it is. And so, uh, at this time, we've we've been here several months. Uh, I'm sure the commissioners have read the petition. And so, at this time, I would just ask that you declare it a an apparent rideway subject to a public hearing. Uh, that it will take effect on April 27th. Um, is there any comm questions from the commissioners or

you guys have anything?

Nope. So uh as Jared indicated that the process is is that the first step is the petition which has been filed and then there would be a preliminary finding and that's strictly a preliminary finding has no legal standing or carries no weight. It's just the first step or second step in the process that keeps it moving forward. Um if the preliminary finding is made then the the map and the description which was prepared by um Dennis Krauss um would be published along with the notice of the public hearing. The notice and the map also gets sent by certified mail to all the adjoining land owners or land owners that abut the apparent right of way is the way the statute reads. Um and then there would be a formal public hearing prior to formally recognizing any apparent right of way. And at that time um owners of land in the county may object to the preliminary finding, present evidence in support of or in opposition to the prelim preliminary finding and propose changes to the preliminary finding. So this is just the preliminary finding right now. MAP would then get published, notice gets published and then the formal public hearing would occur. um in in in a in order to be able to get all that notice and everything ran, I think if if the preliminary finding is made, we you would want to look at doing that formal public hearing at the May 19th meeting. Um that would then require the notice and the map to run in the paper on May 7th. um stuff and uh yeah so the the map and the description were attached to the petition as well.

All right. Did you get the dates? Okay. Um I make a motion to approve preliminary the preliminary rightway on Dog Ridge Road. Second. All in favor? I I motion carries. Thank you, commissioners. Thank you, Missy. Miss Hayden, do you have anything for us? I don't. So, except for Andy, we place those in the paper. Correct.

Yeah. By our statute, the or by our statute, by the ordinance that was recently adopted, the costs of that are to be covered by the individuals looking to make the finding. So we'll we'll work with Jared as the attorney for the petitioners to get that taken care of. Okay. Okay. Mhm. Do you have claims? Yes. Make a motion to approve claims. Second. All in favor?

I I car. Payroll.

I make a motion accept payroll for approved payroll. Second. Accept. Accept. You accepted payroll. Yes. Did you have a word? Yes, I did. Okay. All in favor? I kill this. minutes. Yes. Uh make a motion to approve from March 17th. Second. All in favor?

I motion carries. Mr. B, we have anything else? Have anything commissioner comments? Um, I don't have anything. Uh, nothing this time.

I don't have anything either. Late arrival information. Public comment if any motion to adjourn. Second. Second. Oh, sorry. Oh, there we go. Just

uh Good morning, commissioners. My name is Robert Montigue. I'm a resident of Manchester Township here in Dearborn County. I'm here today to speak again about the importance of ensuring that residents who are directly affected by the proposed solar farm have meaningful input in the decision-making process. I just want to be clear that this is not about being for or against solar energy. It's about fairness and local representation. The people who live next to these solar farms will experience the greatest impact. Whether that's a change to their views, their property values, drainage, excessive noise, or even just the overall character of their neighborhoods. Because that because of that, I respectfully ask that you make it a priority to give directly affected residents a meaningful voice in the solar ordinance decisions. One way to accomplish this would be by supporting the creation of a citizen advisory board made up of nearby nearby property uh owners and community members. If you drive anywhere through Dearborn County and even to Ripley County, you will see hundreds upon hundreds of signs from folks that are against this proposed industrialized solar farm. Ensuring that these most impacted have a seat at the table will build build trust, improve outcomes, and help balance responsible development within Dearborn County. Thank you for your time and your service to the community.

Thank you. Thank you, Robert. Thank you for your input. But you you need to be aware that this board cannot mandate a citizens board. Oh, understood. Then that comes from the planning commission board. Okay. Just want to be clear. I I hear what you're saying. Okay. Thank you. May April 27th and Nicole last week did just send out an update and compiled all the comments and send it all the to the whole plan commission as well as commissioners. So Nicole's been making sure that those that your comments are shared with everyone. All right.

Of course. Samuel David Mortonson, Dearborn County resident. Uh, Mr. Thatcher, I would like to uh just add one rebuttal to your comment. I know that as as Mr. Bodmis acknowledged the last commissioner meeting, I know that the commissioner board does not allow or does not have the authority to mandate anything to the plan commission, but they do have the ability to make a recommendation and that was pointed out at the last meeting. So this board could if they wanted to make a recommendation that they advise and encourage the plan commitment. We have planning commission. We have. Have you done that on paper?

They said that if the planning commission or you know they've decided that this is the way they want to approach it. So we're uh the discussion will happen at the planning and zoning meeting. But what we said was that we want wanted updates at the end of every month. the second meeting of every month to allow us to know what their progress is being made and if progress is not being made then the commissioners would would step in and make a recommendation as to how to proceed. Okay. Thank you. I just wanted to clarify that this board does have the ability for the last meeting and Mr. Bodestal explaining that this board does have the ability to make a recommendation

that they would do. We've repeatedly said same thing over and over at the meetings that we would make a recommendation if we see progresses being made. Okay, that's condition. All right. Thank you. Thank you. Okay. Anyone else? One once or twice.

One more. I'm Joe V and I I do have a a question. I'm not 100% sure for your meeting, but but when we at one of the meetings, is there a rule or something in the county government that you can't say no 100% against solar farm? Is it kind of tends like maybe you mentioned it, Mark? Other things that you can't ban you can't ban it be like an outright ban.

Okay, we'd end up getting sued. Yeah, you can't ban really anything completely unless it's illegal. Okay, good point. Okay, you have to have I was a little when you said that we were in the gym or the auditorium, right? I didn't quite understand in my You can create rule. you have you can create rules and guidelines that allow whatever entity to do it, you know, to do their business. Okay.

But you can't just say no unless it's illegal because this is a big problem in so many counties that that I'm talking to and I remember you said something and it's like a little fuzzy on what you know why exactly. So, um I think a lot of the confusion comes up with the word moratorum. When we say we're having a moratorium on something, usually that means moratorium. Mort meaning being meaning it's dead. Well, right. It's not. And it's not. Yeah. We're putting a pause on it because we have to Okay. Yeah. I couldn't figure out why outside source it almost felt like you had to let them in for a reason rather than say no if it was

you don't have to let them. Like I said, it's just you have you have to create your set of rules to guide your county to what you want your county to be. Okay. Because I I really needed to clarify on that to clarify to see what what that and I wasn't for sure if this was his poor

and I think I think Nicole I think Nicole plan I think Nicole plans on at the April 27th meeting going over um what rest the legal side of things. So, so the restrictions that can be put in place on the zoning side of things um are they have to be and this is the most lawyer word ever. They have to be reasonable and of course that's not defined anywhere in the Indiana code, but Nicole's going to go over those legal side of things um at that plan commission meeting.

Okay. Okay. Yeah. because uh well the more I talk the more people I' I've talked to a a man that does electrical work for these companies and he was telling me all the issues not here he I I met him at church and he works in power plants farms windmill he he works on all of them so he he was telling me the main issues so I didn't know where he would be best. He's really a busy guy.

He if he didn't have time because he travels so much. He's in so he's in like 16 states. So what what would be the best way to for him to present information? I would present it through the website for the plan commission. Um he could share it with all the commissioners too, just so we have the knowledge of what he has, but getting the his input to the plan commission. um gets it to more people and gets it to the place that's making the first decision or or emailing or calling Nicole or directly. Well, it was a conversation. I'd rather have a better outline, but I didn't know where to direct the information.

Definitely just uh you know, putting it on, you know, calling or emailing these guys directly, I think is the best avenue to do. Okay. Yeah, the government starts with plan commission is going to be the start before it comes back to us. So that's where you want to lead with the information. You can share it so we have it ahead of time, but that's where it needs to start. All right. Well, I appreciate that because I wanted to get that clarify what what Mr. Smart said when uh you're up there. It was kind of hard to hear where I was sitting. So, all right. Appreciate it. Thank you. Anybody else? Make a motion tojourn. Seconded. All in favor? Hi.