Tuesday, July 25, 2006

24 July 2006 Dearborn County Plan Commission Meeting Notes

PC Nixes White Farm Zone Change Due To Density Concerns

24 July 2006 Dearborn County Plan Commission Meeting Notes

Present: Jane Ohlmansiek, Acting Chairman, Patrick deMaynadier, Nick Held, Mike Hall, Jeff Hughes, and Dennis Kraus, Jr.
Absent: Mark Mitter, Tarry Feiss, and Robert Laws
Also Present: Arnie McGill, Attorney, Mark McCormack, Planning Director, and Kate Rademacher, Enforcement Officer.

1. Tom Kent requested to be tabled for modifications to written commitments for Perfect View Zone Change. (on SR1 near Salt Fork) PZ didn’t know if he’d return in August or September.

2. White Farm Development, LLC (Schmidt and Tucker) with Bayer Becker as applicant requested a zone change from Ag to R on 56 acres for 131 homes in Logan Township. The property is bounded by Gaynor Ridge, Short, and North Dearborn Roads.
224 homes would be allowed on this site if there were no restrictions on the R zone. The project is considered to be high density at about .4 acres per lot. Short Rd. was to be realigned to meet EZ Way at Harley Springs and make for safer access. Only the road areas adjacent to the development were to be upgraded by the developer. Road areas beyond the development are still deficient and the county has no timetable for the improvement to Gaynor Ridge or Short. North Dearborn is on the 2030 road plan and slated for federal aid.
Tucker was willing to give written commitments as to the 131 homes and road improvements along the development should they get a favorable recommendation.
DCRSD letter said they “seek to provide” sewage access with St. Leon. (in other words, it isn’t there yet) [NOTE: This means all the large lots and farms along the route will be forced to hook on- as that is St. Leon’s stance in every sewer extension.]
Todd Listerman stated they will remove trees along part of Gaynor Ridge in the ROW to improve sight distance.


Terry Powell- asked for the definition of a category 3 road. (6 ft shoulders, 50 ft row and designed for 45 mph etc.)
He gave the densities of the areas around this as being 1 acre or more.- and many being large lots of 10 –20 acres.
He was concerned that the Short Road people will feel like they are part of the subdivision now.

Bill Williams – Lutz Road-lives below the Harley Springs addition- talked about the traffic patterns in the area. Said North Dearborn was to be realigned and was promised when Harley Springs came in- never happened. Noted that Mr. White is deceased and Mrs. White is in NH in Greensburg. [NOTE: Tucker corrected this later- Mrs. White lives with her daughter in Greensburg.]
He noted all the people from Harley Springs who invade his land with quads as there is no recreation on their home sites. And the Sheriff’s dept. does NOT deal with these quads. He said the taxes on these homes do not pay for the school system. –“it doesn’t begin to pay their way.” Pointing to the people in the audience he said: “You might as well put a damn (excuse my French) gun to their heads and just take their money!”
Where’s the industry? It’s going away. You have a responsibility here. Someone wants to make a lot of money and the infrastructure is not there. You are taking money- stealing- from the people who have lived here all along. [NOTE: Applause from audience.]

Todd Schumate- Gaynor Ridge- the 4th obligation in your list is to maintain current property values. Current lot size proposed is small and so homes will be smaller and less valuable, hence devaluing adjacent homes. Lower income families will move into what is currently a very nice neighborhood. He’s a lieutenant in FD and says the commissioners will have to learn they will have to spend taxes to upgrade Fire EMS and schools for all this development.

Bob Gaynor- noted car count done after school was let out. Has to close windows to keep noise out now. In this development there will be about 4 acres of hard surface for runoff. Drainage issues. Schools and tax increases a concern. DO NOT SELL THE FARMS FOR DEVELOPMENT. There are 6 farms on Gaynor Ridge with livestock. Town people don’t recognize farm vehicles and let their dogs out into our fields. Liability insurance is increased. Asked them NOT to approve this.

Tom Gaynor- He and his son own livestock operation. Estimates 1310 trips per day from the subdivision. Try moving farm equipment now- and have to juggle it around school schedules. Everyone is in a hurry. Cars and trucks drive up onto our fields now due to less ROW on Gaynor Ridge. Wants 2 acre lots- If they can’t afford 2 acres- they can’t afford the schools either. The comp plan says – preserve rural life- where is the concern for those of us who have lived here 60 years or more? (Zinsers, Johnstons, Gaynors, Hartmans, etc)

Brian Richardson- North of development- noted this is 2.5 times the average worst-case density around it. Property value issues. In his opinion- the most desirable use for this land is a farm as it is flat and tillable. Use eroded land for subdivision- not good ground. Intersection is dangerous for kids on busses etc. Don’t want to get anyone in trouble, but the person doing the traffic study was sleeping in his car…

Glen Richardson – (father of Brian)- lived here 25 years and enjoyed every bit of it. Thinks change is good- but high density may not be the best use of this land. Gaynor Ridge needs work in several places. OK- if it were similar to density around it.

Karen and Patty- Zinser sisters- 6 out of 7 Zinsers living on their farm- This is out of scale to area0 traffic issues. First she heard of people wanting to cut down her trees. (Listerman said only in the county ROW- and only those affecting sight distance) Noted litter, quads, and trespass issues. Wondered about wildlife in area. Fix all of Gaynor Ridge if you allow this. Wondered about drainage on the site as their dad used to farm it- concerned with detention ponds.

End Public comment.

Rosenberger of Becker Bayer- addressed traffic study allegations stating they’d been out there 4 times doing the study. Tucker said Harley Springs was .5 - .75 acre lots. His lots will be 80-90 ft by 175 ft. They could build a 6,000 sq ft house on it! Their average home price will be $200K and 2,000 sq ft. RAW LAND VALUES WENT UP THE DAY WE BOUGHT THIS FARM! [NOTE: This farm was bought at auction at prices in excess of development purchases in the county.]
cited Brookestone Way Project and sales in Bright and concluded that they had actually increased property values in the vicinity. He used prices and average length on the market to bolster that claim. He said SD schools were in the 41st percentile in the state for taxes. Low-income people won’t buy $200K homes. He said all his letters are in for services needed.
Tucker called this a “dream property with excellent road access and all available utilities.” They will remove 4’caliper trees to get sight distance and also realign Short.

Bob Gaynor reminded board that Gaynor Ridge only has 33 ft ROW.

Board discussion:

Jeff Hughes- when will North Dearborn be paved? Listerman said on 2030 plan- no date yet.
Other roads are not scheduled.
Not sure about the density- has to think about it.

Mike Hall- Density is biggest issue- traffic and barns and homes on Gaynor ridge on opposite sides of the road on some farms. Short Road is dangerous intersection. Density is being proposed because of the cost of the land and improvements. Doesn’t think ¼ acre lots work here.

Patrick deMaynadier- Criteria in 540 and comp plan page 148 on land use says it should promote the tax base that supports the infrastructure. $200K homes cost more than they contribute to the infrastructure. If promoted they should be where there is a high level of infrastructure already in existence. There are huge issues of safety around this- people aren’t flying in on a rocket ship- they are driving in from other areas of the county- roads have to be adequate.
We are to look at current uses in the area- I didn’t see any houses hardly all the way around the property in the pictures. High density is NOT there. I wonder what the appropriate density is out there.

Dennis Kraus, Jr. – Density is higher than we might want here. Road issues. Would be more comfortable with existing density.

Nick Held- Density sticks with me- as the current character is not this dense. The Short Rd. alignment is beneficial.

Jane Ohlmansiek- Would rather have an R zone if it’s developed, but I don’t like this density here. Concerned with roads around it, and the rest of Gaynor Ridge is an issue- not just fixing the space around the subdivision.
Tucker said it’s really .4-.5 acre lots- only a few ¼ acre lots.

DeMaynadier motioned and Held 2nd to pass on an UNFAVORABLE RECOMMENDATION to the commissioners based on the density being too high and not fitting in with the current conditions and character in the area under Section 540. 5 Ayes including the chairman. Nay from Jeff Hughes.

Ordinance changes in text:
Major and Minor Site plan review texts approved as clarified to go on to commissioners.
Plan Commission sent the 2 year period back to commissioners- who wanted 1 year wait period. PC likes it as is- as it was already a compromise.
Set back texts approved also.
Copies are available at PC office- 537-8821.

Sign Ordinance revisions due to the Constitutionality lawsuit from Dorothy White:
Suggestions to revise the proposed text to allow for 32 sq ft signs (a sheet of plywood is 8x4=32), have no time limit (was suggested at 60 days and eliminated that) and they have to be out of county ROW same as all other signs. One sign per property. Complete text and conditions available at PC office also. Approved by PC and sent to commissioners for their approval.

PC members received a booklet from Listerman on standards for roadways. They will have a working session with Listerman in a month or so to discuss these.

US 50 Workshop 6-8 PM Wed July 26 at Lawrenceburg High School. There are several proposals on the table to look at- all are urged to attend. The PUBLIC IS WELCOME.

McCormack still trying to get school board meeting together. Contact issues this month with vacations etc.

Stonebrook Estates- old Gabbard Estate- will be requesting an extension of primary plat- their expires in Nov 2006 (2 years is up) They are now talking about rezoning part of it to Business. Traffic study would have to be preformed for that also. Board was informed of sewer issues with Aurora and idem, Dillsboro, and DCRSD too.

Woolpert gave PZ office a map of sewer areas potentially- wants to know if it matched the master plan. [NOTE: Why not just USE the master Plan?]
Woolpert is trying to get a projected percentage of Industry/Commercial/Residential in the county also. PC decided to hold on OKing this map, as they have to complete the master plan land use maps first.

Meeting adjourned at 10:10 PM

Christine Brauer Mueller
Lawrenceburg Township

County Animal Response Team Forms- CART

County Animal Response Team Forms- CART

County Animal Response Teams (CART) are now forming to serve the following counties in Ohio and Indiana: Dearborn, Hamilton, Butler, Warren and Clermont. Future expansion to other tri-state counties is expected as the number of teams grows.

A CART will respond when activated by the county Emergency Manager (or other government official.) Our job will be to rescue and care for animals that are affected by any local man-made or natural disaster or emergency.

==== == ====

Possible disasters include, but are not limited to: severe winter storms, extended power outage, tornados, floods, fires, chemical spills, disease outbreak, civil unrest, evacuations and terrorist acts.

The animals that could be affected include: dogs and cats (pets and strays), horses, livestock, exotic animals, and wildlife. Second Chance wildlife is available to take care of the wild animals; the CART will care for the rest of the affected animals.

HOW CAN YOU HELP? First, please be sure you have plans and supplies ready for yourself and the animals in your care. Many disasters and emergencies happen suddenly. If you are not prepared in advance, you will require the assistance of various agencies. It is likely that it will take a few days for these agencies to get in place and organized, which means you are on your own until that happens (this could take days.) It is likely that the agencies will be overloaded with calls for help, which will further delay the speed of assistance to some people. If you can care for yourself and your animals during the first several days after a disaster, this helps reduce the impact of a disaster on you, your animals and the community. All CART members must have their own plans and supplies in place for their family and animals.

Ø JOIN US! There are many ways you can help the CART team in your county (or on a tri-state level):

Ø Team Captains are needed in each county (the team Captain is the lead person for the CART of that county and oversees the whole team)
Ø Team Lieutenants are needed in each county (this person will help the team captain and take over their duties if the captain is not available)
Ø Animal Sheltering and Care Team leader and members (these people will help the animals once they reach a temporary shelter)
Ø Animal Rescue Team Leader and members (these people will be most involved with the actual rescues and will need extensive training)
Ø Human Resources Team leader and members (these people manage the members of the county team)
Ø Logistics Team Leader and members (Logistics handles all the “stuff” – equipment, communications, resources, etc.)

Ø A host of volunteer opportunities exist. Some require extensive involvement while others would only be needed during a disaster or emergency.

==== == ====

Join the Yahoo talk list to remain informed:http://groups.yahoo.com/ group/DisasterResponse and check the files at that website for lots of additional information. This is also where announcements of meetings and training opportunities will be posted.

Be ready… Have a plan and have the supplies you and the animals in your care need to survive without power for up to 5 days. Also prepare an evacuation kit and know where your animals can go if there is an emergency.

Dearborn Count Team Captain

Chris Puls (513)313-5113

Saturday, July 22, 2006

20 July DCRSD Meeting Notes

20 July 2006 DCRSD Meeting Notes

Present: Brett Fehrman, Acting Chairman, Holland, Pruss, Dennerline, and Maxwell.
ABSENT: Hankins and Enzweiler
Also Present: Quinn, Engineer, Baer, Health Dept, and Messmore, Administrator
Also Absent: Lehner, Attorney

In audience: In addition to people mentioned in Special requests, Jerry Jacobsen (from SDRSD) and Kathy Jacobsen, Jim West (DCEDI), Mark Mitter (Council), and Vera Benning (Commissioner)

Special requests:
Beth O’Leary of Serenity Ridge presented data on lot owners desiring sewer hook-ups now or for in the future. 13 out of 19 responded. 2 of the 13 were opposed. Several of the others had already installed septic tanks, but would be interested in future sewer option. She spoke to Jim Stotts who also owns a lot up there (he “developed” the subdivision) and he wants sewer too. Jay Tucker told her it could be done for about $100,000. Quinn to check it out and report to board.

Jeff Costello wants hook-up for potentially 2 homes on Lower Disllboro Road about 500 ft from where the Stewart St. line will come out. There is a 2 “ lateral that Chipman installed a whle ago and they are considering recertifying that as a main. Waiting till next year to consider this.

Greendale Agreement- no mention of attorney work getting the agreements drawn up- but Baer had put descriptions of 3 of the 4 areas in their packets. Ameritk was missing- possibly due to it not being approved yet.

Stewart Street and Cole Lane- Turner of Aurora wants to bid on the project also- board saw no problem with that. Maxwell concerned that it wasn’t PRUDENT to proceed with this until we have an agreement to transport and treat from Aurora. Why put lines in the ground if we don’t have that done first? He would be uncomfortable if we didn’t have an agreement in principle. [NOTE: Why not be safe and just have one in writing?] Expecting to open bids in August and complete construction this year. Fehrman told Maxwell the agreement was in discussion stage and Kim Schmaltz to get it to us. $30 per month rates were average home costs. Maxwell noted that if we are at 150% of the rate then transport and treatment costs were figured in from the end of our pipes.

Aurora Interceptor- Quinn reported that they plan a 10inch force main on NORTH side of the road by Marsh Road. They can bring in High Ridge and other development that way. Takes 6 months to complete and $2 million. Bob could construct and get High Ridge starting July 07 hopefully. [NOTE: Bob who?]
Apparently the roadside in that area is all rock per Dennerline who had constructed a 6 inch line there in 1976.

Woolpert Update- Messmore responded to Maxwell’s question about Dillsboro options saying that Woolpert will have some answers – costs/benefits analysis of that option for some of the county lines. That will be in the phase due around Labor Day. Woolpert is using a red=ndition of the Comp Plan land Use maps to do 5-20 year cost projections.
Pruss said GRW said it wasn’t feasible to do Dillsboro.
Maxwell- saw a map with a lot of sewage going to Dillsboro- but no explanation of that yet.
Dennerline- Dillsboro wanted a1 mile buffer in earlier negotiations and then said no- too much cost. Said it would be $2.4 million to go around to Dillsboro and enter where they wanted us by SEIdata. Some people have $150/mo sewer bills there. [NOTE: Wouldn’t an economy of scale work here? The more people coming in- the lower the rates and all would benefit?]
Maxwell said we need Woolpert reposrt before we proceed with Quinn. Messmore said Quinn can provide some documents that Woolpert is needing.
Maxwell asked who would meet with LMH- Answer: Quinn
Maxwell asked for an example transport fee from Woolpert and Messmore said they can’t do it accurately until they get underground data costs.
Wanted some standardized number to estimate with. Jacobson ( from SDRSD) told them each municipality was different depending on their lifts, pumps etc, where transport was occurring.

Claims were paid for Lehner and Quinn
Baer noted attendance at Ind Reg sewer District Conference also.

Meeting adjourned at 8 PM

Christine Brauer Mueller
Lawrenceburg Township

Wednesday, July 19, 2006

18 July 2006 Dearborn County Commissioner Meeting Notes

18 July 2006 Dearborn County Commissioner Meeting Notes
PUBLIC RE-HEARING on TOM KENT’S Sun Valley Sub’n at Sr48 & 148 is item number 5.

Present: Hughes, President, Benning, and Fox
Also present: Pickens, Auditor, and Messmore, Administrator.
ABSENT: Ewbank, Attorney. Arnie McGill, Planning and Zoning Attorney sat in Ewbank’s place.

A uniformed police officer was also present and Benning finally got to use him.
Register Publications covered this meeting.

Commissioner candidates Ralph Thompson and Frank Linkmeyer were also in attendance.

1. Mark Seiler presented the line-striping contract for $81,319.35 which was approved.

2. Mike and Stephanie Mulcahey of Wood’s Edge Estates Sub’n off North Hogan Road presented complaints on their road access and the bonding for their street. Developer Jeff Martin was present and explained delays as being due to his recent surgery. Gravel road has issues, ditched are too deep, rip rap and stone piles placement issues, mail, busses, and newspapers are NOT delivered on the street anymore. Soil and Water- Jennifer Hughes also present verifying on-going issues with drainage also. Performance bond may be used to complete work. Road is ultimately to be paved, but waiting to sell lots and have construction equipment out. Bond expires May 2007.
Highway Dept to check and report back. [NOTE: Planning office should be checked also to see what is in their file on this development.]

3. Park Board – Lou Broghamer and Mike Heffelmire- reported on status of county farm- final decision tonight was to hold on the Youth- Boy Scout agreement and survey the entire farm to set aside YES Home with access easement, Animal Control area, Boy Scouts, Highway garage, and the park board remainder. Cemeteries will also be set aside.
Park Board is keeping County farm board as a subcommittee to keep the work intact there.
Park Board is also planning to “give away” the Dillsboro Park and the 3-acre Bright Park to revert back to county if no longer kept as park uses. Bright to go to Fire Dept. and Dillsboro to go to the town. Commissioners approved.
Ewbank is attorney for park board also- so he will look out for county’s interests per Park Board.
County Farm cited as the largest of only 3 left in the state.- 364 acres. Heffelmire was clear that they wanted it to stay as a park area and farm- no condos, senior housing etc.
He said it may end up being the only place in 100 years that people will see any wildlife around here.
Gladys Russell Park cited as the crown jewel ultimately in county park system- with new water lines etc.

4. Richard Bower- presented the timber sale for county farm again- it was approved for E&H Logging at $24,000.

FIVE MINUTE RECESS- actually 15 minutes. (7:15 PM)

5. PUBLIC HEARING- to Rehear Tom Kent zone change.
No reason was given for rehearing this case.
Mark McCormack presented the case- with same findings as the previous hearing. Pictures of the area showed few houses in surrounding directions along roadway.
Fox noted that almost all the PC saw it as R- they just couldn’t see the buffers and greenspace.
McCormack added that there were density issues also at the PC
. They had 3 motions for unfav. And 2 for fav. – None passed.

Tom Kent states there will be approximately 180 units with average of 1800 square feet and $190,000 average price. He passed out samples and showed pictures of the proposed home designs. Stated there will be a 10-year buildout. There will be 100-150 ft minimum buffer around the entire piece. Some is wooded already. Others will have a 6 ft wide earth berm with double row of white pines. Stated this was his 4th hearing (2 at PC and 2 here) and he was tired of hearing himself talk too.
Kent thinks this fits the surroundings – not the highest priced homes, but there will be some in the $170 range and some in the $250 range also.
He ended saying the only question is: Is this area appropriate for R use?
[NOTE: We are back to the same issue- there is a lot of variation in R uses. Density is one of the most controversial issues. Packing nearly 700 homes in this area is possible under current county law. Would that be appropriate for the character of infrastructure in place? Taken further- under conditional uses in R they could potentially get many more units in condos or apartments. It is not a good idea to reduce this question to just R- at least when you consider the surrounding uses. It seems like there is a limited understanding of real estate principles. And yet in the audience were several realtors including Brett Fehrman and Patrick and Teresa Martini of Red Apple Realtors.]

Public Comment:

Brian Groh – In a well-written and cohesive statement noted that the issue is high vs. low density. He talked about the integrity of the developer with regard to not making public that the county engineer had purchased land from Kent in Carlee Acres- another sub’n. He characterized the tax maps as a deceptive tactic- that did not show the true character of the area. He noted that Kent stated at 1st meeting that he couldn’t do less than 260 homes. Then he came in with 180. He can do less than 180 also, in Groh’s opinion. “No Matter what VERBAL commitments he makes in this room” was quoted as a warning to commissioners that verbal commitments were unenforceable. He ended with noting that he hoped the thoughtful people we elected would be concerned with traffic and character, the same as we are.

Irwin Diehl read a letter from Johnny Schott- who couldn’t be present. The letter noted that SPACE is what made them willing to live here. That this unique position of rural living close to city amenities creates an unusual value- not found in many places.
He stated Kent has not run any changes by the PC as required by law. Hundreds of homes are unsold in the county- adding these will depress the prices of those and destroy the value of surrounding properties. He wanted them to wait until the county could institute a multi-tiered R zoning setup – (R1, R2, and R3- for different density uses)

Irwin Diehl – I don’t see any change in this presentation! Kent says he has planned this buffer all along. This is not just about R, but how it fits into the existing character.

Carrie Baylor- gave an in-depth slide show of the surrounding large lot and high end properties interspersed with written commentary, which opened and closed with the statement: “I do not understand how anyone can live without one small place of enchantment to turn to…”
She noted that the lawyer on the PC board stated that the letters providing sewers said they “SEEK to provide”- which means they aren’t there yet.
Other statements:
“Do not let this be a place where the developer bulldozes the trees and then names the streets after them.”
Do not sell out the green for green.”

Chet WolgamotAsked if the verbal commitments could be legally upheld if they were not part of the certified package.
Arnie McGill- attorney – “If you want my opinion- no they can’t.”

Chet Wolgamot- went on stating that if the commissioners didn’t understand the legal implications of what they were voting on tonight… (but didn’t get to finish that thought)
Wolgamot entered the following documents into the public record: his letter to the commissioners and an option agreement recorded on p 156 p 2620-23 from Busse property to Tom Kent prepared for and Tom Kent and signed by his attorney ROBERT EWBANK. [NOTE: Ewbank is also the county attorney. This implies a possible conflict of interest that was not evident in the first hearing.]
The concept plan you saw tonight was supposed to be reviewed by the PC first. Nothing Tom Kent provides tonight is binding- this sub’n is a design on the fly process- constantly changing. Theses are verbal commitments that you cannot enforce. You can ask Arnie McGill- you will LOSE in court if you try to enforce a verbal commitment. [NOTE: Perhaps the commissioners don’t ever intend to enforce them. They may be doing this as a political maneuver- to say they “tried.”]
If you vote tonight- you are allowing 696 units. The comprehensive plan is wrong. Benning chimed in- “well- on THAT we agree.” [NOTE: Wolgamot was referring to density maps- Benning was not.]
Wolgamot went on to show the details of the 47 surrounding properties with a map- and then the computer went down. Finally Messmore produced another laptop and Wolgamot reloaded his CD.
In the meantime Mike Livingston was allowed to get up a re-ask his earlier spontaneous question- he asked for the greatest transparency and wanted to know what the comments were under the mike earlier about legal questions. NO ONE ANSWERED THIS.
Wolgamot noted that even all of Shangri-La was moderate except for 2 lots of ¾ acres.
Showed more slides and charts showing 72% were above 3 acres and low density for 34 families. 28% for 13 families were 1-3 acres. None of the SURROUNDING 47 properties were high-density uses. This violates both the character and property values section of the code on rezoning.
He asked then to deny this and open up the application for a new plan for 80-90 homes that would allow the value of the whole community to go up. Maybe we can attract more affluent employees and have a positive impact on tax revenues. We could have a clean package and put it through the process properly- not verbal commitments.
[NOTE: There was applause after each presenter showing support from the neighbors]

Kent rebutted saying SAVETHE SPACE.COM got going by misinforming people, but thanked Diehl and others who were respectful. He said the tax map shows ¼ acre lots and anyone can sell these lots if they want to. The comp plan is the law. Why do people think I want to build something less? I know of some people on small lots that are not on Chet’s list. [NOTE: The 47 on his list were surrounding lots.]
"I was advised by Mr. McCormack who I respect and Travis Miller, who I wish was still here." I lived here all my life- about 50 years- by this. I am not an outside developer.
CHET APPROACHED ME TO SELL HIS LAND FOR ACCESS. [NOTE: No one in the neighborhood audience was surprised by this- I later learned that they all knew why he’d done this.]

Carrie Baylor protested that she did NOT misinform this board!
Chet Wolgamot was not allowed to speak again- and he said “so I can be called a liar and a cheat and I don’t get to respond?”
Mike Livingston also wanted a response and Benning stood up and told the police officer to throw him out. Livingston left quietly. [NOTE: While this was good theater for Benning, wasn’t Hughes supposed to be in charge of the meeting?]

Fox motioned and Benning 2nd to close public discussion. Benning said she agreed with Chet that the Comp plan was wrong and “I voted against it.” She said she had to follow it though because it was law. [NOTE: Again- Benning seems to misunderstand.]
Hughes called for a motion. There was no discussion. Fox motioned and Benning 2nd to change from Ag to R. He read through the criteria but did not state why he thought it passed each point. They did not make any commitments. All ayes- Passed.

[NOTE: If this ends up in court the commissioners cannot claim they were advised to do this. There seems to be no reason for the rehearing other than that the motion failed last time and some behind the scenes prodding has occurred. NOTHING NEW WAS PRESENTED. The neighbors presented ample evidence and the records of the Plan Commission should also show that PC members were concerned about 2 of the criteria not being met. McGill, the attorney, also seemed leery of this standing up in court. It is time for the PC to get the multi-tiered R system set up. We have waited too long and letting everything be R all mixed together with no good concept plan is going to cost the county and the taxpayers in the long run. Any realtor looking for long- term business prospects can see the inherent problems in this type of development strategy. A concept plan showing a way to blend this was needed.]

6. Sheriff Lusby- not on agenda- asked commissioners for permission to give away two firearms – one to Bob Waldon who retired after 20 years and one to Dave Wissman that belonged to his father Jim, former sheriff.
Lusby asked also to change from Verizon to Nextel for their dept. to save $10 per phone and $300 per month. Approved. [NOTE: There were no questions about coverage and reliability and dead spots all over the county.]
Hughes went on to praise Lusby for helping with 911 tower move and medical treatment in the jail as well as saving money on these phones.

7. Pickens said they will discuss contract for excise tax sales etc when Ewbank returns. SRI will free up a worker and costs only $6,000 per year.

8. Amendments reviewed by Ewbank and presented by McGill to the parking ordinance were approved. They will be advertised by Messmore if they weren’t prior to this.

9. Messmore said they will not talk about Vieste –Level 5 Engineering and London Witte until he talks to Council and the Plan Commission. He will continue to work on that arrangement. (Related to the I-74 Comp plan for that corridor.)
[NOTE: Those interested in learning more about these partners can do so at their websites: www.viestellc.com/index.htm and http://www.londonwittegroup.com/ ]

Messmore staying in contact with Bright EMS to be helpful.

10. Benning noted Juv Adv Board meeting July 19 at 11:45 AM
She also said the INDOT letter said Wilson Creek Road required a new application for funds because all info is outdated from original. [NOTE: Just how much has changed on Wilson Creek? Mostly slips and these need to be fixed as it is a hospital route.]

Meeting adjourned at 9:05 PM

Christine Brauer Mueller
Lawrenceburg Township

Tuesday, July 18, 2006

Informational Meeting Saturday July 22nd on Hidden Acres (Maxwell Development off Sneakville Road)

We will be holding an information sharing meeting on the proposed Hidden Acres development project on Saturday, July 22 @ 10:00 a.m. at the North Dearborn Branch of the Lawrenceburg Public Library on North Dearborn Road. We have a copy of the "Final Plat" drawings that Maxwell Construction Co. will be presenting for approval at the Planning and Zoning Meeting on July 31. We need all interested parties to attend.

submitted by Linda Johnson

Wednesday, July 12, 2006


12 July 2006, St. Leon, IN - Planning and Zoning Meeting, 7:30 p.m.

Members present: Cliff Bischoff, Kevin Alig, Doug Farrow, Jerry Bucher, Doug Hoog, Rodney Eckstein

The membership heard various requests, including a 30 x 60 shelter for the American Legion, a Keystone Homes request for a four car garage--all of which the members approved.

Mr. Bischoff shared with the attendees, that at an earlier meeting this evening at 6:00 p.m., the members of the St. Leon Redevelopment Committee {Cliff Bischoff, Paul Alig, Dave Alig, Terry Boedeker, and Vernon Hensley}, were addressed by Jim West of the Dearborn County Economic Development Committee, and Brian Messmore, Dearborn County Administrator. Jim West and Brian Messmore informed the St. Leon Redevelopment Committee the following:


Mr. Bischoff stated that St. Leon wants to be part of this new I-74 Comprehensive Plan, and asked if anyone on the Planning and Zoning Board wanted to attend the meetings. No one answered. Mr. Bischoff said he will attend, and will ask others –whoever will be available to attend with him.

When Mr. Bischoff was asked if these meetings were going to be open to the citizens—he said he did not know how the meetings were to be conducted, just that St. Leon wants to make sure they participate. Mr. Bischoff continued that he believes this has
something to do with industrial areas because of the Honda plant in Greensburg.

Mr. Bischoff also that the next meeting for the Steering Committee Meeting (St. Leon Comprehensive Plan) will be July 20th at 6:30 p.m. at the St. Leon firehouse.

Helen Kremer
Logan Township

Tuesday, July 11, 2006

DCRSD Discussed Greendale Agreement 6 July 2006

6 July 2006 Dearborn County Regional Sewer Board Meeting Notes

Present: Chairman Hankins, Dennerline, Enzweiler, Pruss, Holland, and Fehrman
ABSENT: John Maxwell
Also Present: Lisa Lehner, Attorney; Doug Baer, Tom Quinn--Engineer; Bryan Messmore--County Admin., Vera Benning took notes Note: Jim West of DCEDI was in the audience.

Greendale Agreement
First agenda item was the Greendale Agreement and the DCRSD concerning four subdivisions—Red Pine, State Line Rd., Ameritek, Salt Fork & St. #1. The attorney for Greendale, Richard Butler, and the Greendale City Manager, Steve Lampert, were in attendance.

Mr. Hankins asked if DCRSD should be involved with these subdivisions—it all comes down to sewage that needs to be taken care of and who can best serve the public, Greendale or DCRSD. Pat Holland asked Lisa Lehner for her input.

Lisa Lehner stated she would prefer to work out some agreement. The goals of the DCRSD were to fix things, promote economic development and create jobs. Does entering this agreement attain goals. She stated this doesn’t do anything for VRUC. Is VRUC a customer of Greendale or served buy DCRSD, or not served at all? Lehner stated there could be litigation, and questioned the right of Greendale to service these areas.

Other statements were made concerning IURC wanting VRUC to have a fair chance to service these areas . Lehner asked board how much control do you want to give up. Is this something you want to set as a precedent for other communities.

Discussions moved to relinquishing rights. Hankins asked do we assign rights or relinquish rights of services to four subdivisions, and just work on the northern part of the county, and TIF districts—did not want to get into adversarial relationship.

Lehner stated options: 1) pass on it and tell another provider to go for it—there is no precedent for this, 2) relinquish a portion of the district “carve it out”. Hankins asked if anything prohibits another provider, and Lehner replied no.

Butler, the attorney for Greendale, said they needed an assignment of rights for the four subdivisions.

Fehrman stated put a time limit on it, and have it return to DCRSD in the future.

Sammy Gutzwiller, a former board member of VRUC, stated she had concerns committing new subdivisions to Greendale—how would you prevent annexation, and who controls rates?

Hankins replied rates are controlled by the provider.

Butler stated again that they request the Board to assign rights to Greendale for four subdivisions. Greendale supports this Board belonging to SDRSD.

Dennerline motioned to assign rights to Greendale.
Lehner said the Board needs to be very specific.
Butler stated Board can hold onto rights, but Greendale wants the rights, and wants DCRSD to give right of territory.

Dennerline asked what would happen if we don’t give over rights, can we get sued? Lehner said they could not be sued. Hankins said if they are going to get sued then we should hold onto the rights.

Butler stated Lehner left out the 3rd option, you might wonder why?

A heated discussion took place between the two attorneys.

Doug Baer asked if giving up rights without compensation gives up right to an attorney if there is litigation.

Butler said Greendale will defend if DCRSD is sued.

Hankins stated Regional Sewer Districts supersedes CTAs.

Dennerline again motioned that they give the sewage rights for the four subdivisions to Greendale.

Lehner suggested they have a written document for the assignment and she will prepare the document for them to sign.

The Board decided to vote on each subdivision separately because of circumstances—one subdivision was surrounded by Greendale (Ameritek). The Board decided to combine Red Pine and State Line Rd. into one vote, and the Ameritek, and Salt Fork and St. #1 each separately.

The Board passed three motions to assign the rights of the four subdivisions to Greendale, subject to written legal description—all ayes.

Fehrman excused himself from the Ameritek vote because he is the agent for the subdivision.

Second Item—(Board started this item after break—missed beginning of presentation)

Steward Street Cole Lane-- Tom Quinn
. Discussion was concerning tap-in fees of $1,500. Concerns were discussed regarding homeowners being able to pay fee of tap-in in lump sum. Discussed ways to have the cost distributed over a longer time frame. Lehner suggested there were local lenders who could provide loans with low interest.

Update on County Council Meeting of June 21, 2006.

Hankins said his presentation went well, and he had folders which he passed out to members of the Board, which had the presentation he made to the County Council on June 21, 2006.

He proceeded to tell the Board that the Council presented the DCRSD with $4.2 million, and they are to present a plan. One of the members asked if it was a loan, or if they had to pay it back? Hankins said he didn’t know, but that it is going to be invested into 3 month and 6 month CDs, so it will amount to more than $4.2 million.

Lehner stated that Ewbanks called her and said that they would issue a promissory note.

Woolpert Draft Changes
The changes are expected to arrive around Labor Day.

Claims to be Paid
Doug Baer
reported the progress made in setting up an office for the DCRSD.

Hankins said that he had spoken to the Chamber of Commerce and the Chamber offered space in their building with a computer and phone. The Board agreed it would be better to keep the office in the Administration Building. Brian Messmore said they are looking into another location for the DCRSD, but it will take about two years.

Baer said Dell and Working Environment offered bids. Dennerline motioned to accept Working Environment’s offer at no more than $1,700. Fehrman seconded, and it passed with all ayes.

No other business, and the meeting was adjourned at 9:05 p.m.

Kathy Scott and Helen Kremer
Logan Township

Plan Commission and Tom Kent Did Their Homework

A word about the Planning Commission meeting on June 26th

submitted by Kathy Scott, Logan Township

I was present at this meeting to hear Mr. Kent, present his plans for development on SR1, Salt Fork and Cambridge. I want to commend Mr. Kent for the very professional manner in which he made his presentation.

When members in the audience made their feelings known about this development, both positive and negative, Mr. Kent took the initiative to explain and answer their concerns. When addressing the Comprehensive Plan, he offered details to explain how he had worked to meet the 5 Guiding Principals of the plan. This was not the general conversation that we have heard from previous developers.

The interaction of the Planning Board with Mr. Kent was also noticable. The board members had specific questions (they did their homework) of Mr. Kent and the two way conversation was open and cleared up many concerns.

I felt that the reduction in the number of lots to 65, would maintain the integrety of the surrounding contour and greenspace of the area. This is responsible development. Mr. Kent and associate make profit, the surrounding community is less stressed, the area stays green and the county gains a high end neighborhood.

What I saw this night was, a developer, government, and citizens working together to Conserve as the Comprehensive Plan states: "The distinctive natural and man-made features and resources that contribute to the rural chacter of the Dearborn County".

Thursday, July 06, 2006

5 July 2006 Dearborn County Commissioner Meeting Notes

5 July 2006 Dearborn County Commissioner Meeting Notes

Present: Hughes, President, Benning, and Fox
Also present: Pickens, Auditor, Ewbank, Attorney, and Messmore, Administrator.

No uniformed police officer was present.

1. Mike Hankins DCRSD Chairman- gave a 3-minute update on the County Sewer status. Brett Fehrman accompanied Hankins. Hankins stated the Woolpert Study phase 1 was completed and expected a final in mid August to early September. It will include a sanitary sewer map. Bids will be opened for Cole Lane and Stewart St. July 28th.

Greendale’s contract offer which “started out as a business deal and turned into a political football” will be the subject of the entire July 6 DCRSD meeting. Hankins disagrees that this is a no- brainer and thinks that it will take a lot of brainpower to decide. He recommends that they stick with the strategic plan with Woolpert. [NOTE: Woolpert’s draft plan- Phase 1 has not been made public. They were sent back with changes to be made. The strategic plan is thus a combination of Woolpert’s ideas and also the DCRSD board’s. It would be interesting to see if that plan matches the County Comp plan.] They are also working with St. Leon and expect spillover business and housing from the Greensburg Honda plant. They received a pool of money from Council of $4.5 mil.

2. Transportation- Todd Listerman- Listerman will be on vacation the week of July 17th.
Commissioners signed Listerman’s bond for being director of Highway dept.

There is a public meeting July 26th at Seymour INDOT office – 1:30 –3 and repeated at 5:30 – 7 to go over Major Moves and what it does for existing projects. Listerman thinks SR56 is the only one that will move up the list as a result of the money. He’s still trying to get federal aid set up for Wilson Creek, North Dearborn, and Stateline.

IAC wants a separate county account set up to handle all Major Moves money so that they can pursue getting it annually instead of a 2-year one-time event.
By law Major Moves can be spent on any MVH use- but they are encouraged to spend it on economic development and capacity/safety projects. Pickens will set up account.

Triple Whipple received an additional $673,000 from INDOT. Construction set for next summer and will be part of pedestrian connection from Rising Sun to Aurora.

HVL-Stateline intersection plans just arrived on his desk last Friday. If OK he will have bids by end of August and construction in Sept.

Cranes Run Road (off Pinhook) was approved to be maintained officially at .95 miles, cutting off the last 0.1 miles that was a driveway to the old homestead at the end of the road. A culvert and cul de sac will be added at county expense. The road is gravel- 12 ft. wide. The owner at the end is deceased and the land is owned as Bernard Holthaus Trust.
Fox and Hughes approved- Benning abstained. She had asked for names of owners on the road and said she hadn’t seen it before tonight.

Hughes asked about flashing lights at Bright Schools under the Safer Routes to School act- and Listerman informed him that it was for pedestrian traffic and areas with sidewalks.
July 26th is the public meeting for the US 50 Corridor land uses and access points study by ME. (doing the accesses from Stateline to SR 62 along US 50) 6-8 PM LHS Cafeteria.

3. Old Business- Hughes asked if tree prices were checked on County Farm. Fox indicated that the prices were accurate in his and forester’s opinions.

4. Meeting with Dan Gieringer – Harrison Mayor is July 6 at 4:30 PM to discuss county responsibilities on paving State Street.

5. Claims and minutes were signed including the set with the November 15th amendment on DCRSD formation as a regional sewer district.

6. Bryan Messmore- Administrator – Manchester EMS signed for $12,000 same as the others.

William Powers reappointed to Library Board by Commissioners.

The US 50 Gateway Meeting will be July 26th from 6-8 PM at Lawrenceburg High School Cafeteria. They have studied over 400 access points from Stateline to Sr62 and are expecting businesses etc to respond to their recommendations that night. These are also on the county planning website at www.dearborncounty.org/planning

Messmore went into some detail about getting $30,000 a year to spend on a financial services resource partnership with Vieste,LLC – Level 5 Engineering and London Witte (the financial side). (Messmore thought they were INDY –based.) Messmore says it is the county’s role to coordinate activities and wants to consolidate info and services so as not to be duplicating. He also mentioned that the Redevelopment Commission is using this group. The group feels that they do not want to take money from the county general funds but wan to be part of what’s happening here to take advantage of the opportunities that will come with economic development.
Hughes said private entities want to come here and Messmore said that this company will help bring those private entities in to pay for infrastructure. [NOTE: Isn’t that what the TIF was for?]
Fox said we might as well look at their contract and review it. He planned on checking with Charlie Fehrman who was also at the interview with this company.
Messmore said these people can be the in house managers for the jailhouse project too. [NOTE: That’s one way they get extra fees???]
He also said DCRSD and DCEDI can use them to partner up. They do economic development modeling, look at return on investments, I-74 corridor, review current financial management system and reports, and available to consult. They will partner to provide us with long term financing. Fox said – this is one stop shopping. [NOTE: Did we find them or did they find us? Is this a competitive arrangement or a closed shop?]

7. Art Little – Bright Firehouse – stated they went to the firehouse and talked to see what the immediate needs for the EMS and fire were. They also went to see John Maxwell about plans for a new firehouse. Little stated there were 10,000 people in Miller township he thought- with all the building since the census. (He added about 1500 people to the 2000 census figures) Benning asked if they incorporated would that help pay for this? Little said that would put the costs on the residents of Bright rather than spread over the entire county. Messmore noted that he’d sought out Susan Craig at SIRDC and found a grant source to help cover 24 hr EMS coverage.

8. Ewbank- Attorney- After publication the Building Ordinance will be in effect. Homeland Security checked it out – took 6 months.

9. Hughes- Wants to discuss future funding with Council at budget time regarding $25,000 per EMS unit instead of $12,000.
The Shumway Building- now owned by Fortune Mgmt- will be appraised twice and get an average of the two for purchase price to see if it is more suitable that the old I&M building for moving the 4 offices in. (Planning, Hwy, Health, and Building) It was believed they would get an additional 5000 sq ft at same price. [NOTE: How would they know that without an appraisal? Doesn’t the county already own I&M building? ]

10. Benning- noted that with the Honda facility we would need more sewers, more houses, more recreation, more entertainment, more transportation, etc.

Passed out the Comcast letter on a rate increase.

Notified Commissioners of Chateau Pomije being under new ownership and that they all were invited to meet the new owner as they opened the new sport’s bar.

Answered an email from Chet Wolgamot to Bryan Messmore concerning incorrect meeting dates on the website.

Messmore also noted that there is a Hazard Mitigation Plan Steering Committee July 18th. Bill Black is attending for the county.

Meeting adjourned at 7:40 PM

Christine Brauer Mueller
Lawrenceburg Township

Tuesday, July 04, 2006

Commissioners to REHEAR SunValley Acres Zone change request

Local residents at the SR48 and SR148 area learned last Friday that the DC Commissioners will rehear the Sun Valley Acres application on July 18th. A link to a notice for the meeting on the Dearborn County Web site is:


The meeting will be advertised in the local newspaper also.