Friday, April 28, 2017
28 April 2017 Dearborn County Commissioners EMERGENCY Meeting Notes
Present: Shane McHenry, President, Art Little, and Kevin Lynch
Also present: Gayle Pennington, Auditor, Andy Baudendistel, Attorney.
Bill Shelton Building Inspector, Todd Listerman, Highway Engineer, and Mark McCormack, Planning Director
ABSENT: Terri Randall, Administrator
Baudendistel read the Title VI statement as legally required.
NEW BUSINESS: Baudendistel: Meeting asked for by Baudendistel after hearing about this from Mark McCormack, from Planning and Zoning.
Wireless support structures SB 213 is overly broad and it allows local municipalities counties towns etc to establish
Miller, Smart, and Weldon, attorneys for the 3 cities were involved.
Designating all the incorporated areas to have underground utilities not just the the current subdivisions preserves the ability to control cell tower placements. This can be amended later as needed. The governor has’t even signed this law. Even if he doesn’t the deadline still stands. The law does not change anything as far as co location or on maintenance and repair.
McCormack: explained further saying that there are areas of the county that could be impacted like Bright where they have a lot of underground utilities. Development standards favor getting the utilities underground. They need to have consistency so as to not discriminate on standards. The cities are more impacted as they are placing more small cell structures on buildings or towers etc.
Discussion around the ability to control some of these issues. Carmel IN, Decatur, Shelby and Johnson County are all watching this bill over time. Baudendistel read off the names of the authors of the bill. McCormack says its a bad bill- they should have worked longer on it. AIC (Association for Indiana Counties) and other entities for municipalities were all against the bill as is. It effectively eliminates our home rule over our own right of ways. It was being pushed by industry. McHenry said the deadline said it shows it intends to deceive people. Tech needs to be advanced but not this way. They were thankful to Mark for keeping them in the loop and getting this out in time. McCormack found out April 25th that they had changed it. That gave us 5 days to react. Listerman said Mark kept them up to date on how the affects our right of ways.
Asked for my thoughts on public impact. I told them I was surprised that they could take more liberties than even a public utility generally gets. It would be a taking if this were private property. Instead they are taking the public right of way for themselves.
All our reps voted for it. In their defense, Baudendistel said they probably didn’t see the last minute change with a short deadline. I said- that even with that- they should have had an issue with the immense latitude they had with the entire public ROW.
Resolution is to cover us using the blanket approach for protecting the whole county. Baudendistel read the entire resolution.
RESOLUTION NO. 2017-_2____
SHORT TITLE: RESOLUTION OF THE DEARBORN COUNTY BOARD OF COMMISSIONERS WHICH IDENTIFIES CERTAIN AREAS OF THE COUNTY AS AREAS DESIGNATED STRICTLY FOR UNDERGROUND OR BURIED UTILITIES
WHEREAS, the Dearborn County Board of Commissioners (“Commissioners”) have jurisdiction over street right-of-ways within the unincorporated areas of the County of Dearborn, Indiana (“County”) and is the permit authority of such municipality regarding the use of County street right-of-ways; and
WHEREAS, Senate Enrolled Act 213 has been enacted into law and amends Indiana Code § 8-1-32.3 as of April 30, 2017 to allow the use of the County’s street right-of-ways for the construction, installation, and use of small cell facilities and wireless support structures; and
WHEREAS, such legislation allows the permit authority of a municipality to designate areas as strictly for underground or buried utilities, provided that such areas are so designated before May 1, 2017; and
WHEREAS, the County, through its Commissioners, desires to designate areas within the unincorporated areas of the County as strictly for underground or buried utilities in order to restrict or prohibit the construction, placement, or use of a small cell facility and the associated supporting structure within the County’s street right-of-ways in such areas where investments have been made to ensure utility lines are located or buried underground.
NOW, THEREFORE, BE IT RESOLVED BY THE DEARBORN COUNTY BOARD OF COMMISSIONERS AS FOLLOWS:
1. Purpose. The purpose of this Resolution is to adopt a local policy regarding
the designation of locations within the unincorporated areas of the
County as underground or buried utility areas pursuant to Indiana
Code § 8-1-32.3-15(c)(1).
2. Designation. The County, through its Commissioners, hereby determines that
various developers and homeowners located within the
unincorporated areas of the County have previously made
investments to ensure utility lines are located or buried
underground and, therefore, in an effort to continue this policy, all
subdivisions located in the unincorporated areas of the County
where utility lines are currently located or buried underground are
hereby designated as areas strictly for underground or buried
utilities pursuant to Indiana Code § 8-1-32.3-15(c)(1).
3. Restrictions. With respect to the construction, placement, or use of a small cell
facility and the associated support structure, the Commissioners
hereby restrict and prohibit the placement of new utility poles or
new wireless support structures in the designated areas of the
County right-of-ways as outlined in Section 3, except as otherwise
permitted in Section 4 of this Resolution.
4. Exceptions. Notwithstanding the restrictions and prohibitions contained in
Section 3, above, the following provisions shall be met and the following exceptions are hereby permitted:
(A) Collocation of small cell facilities on existing utility poles and wireless support structures within the unincorporated areas of the County are allowed;
(B) Repair and/or replacement of existing utility poles and wireless support structures within the unincorporated areas of the County are allowed;
(C) A petition for a request to install new utility poles or new wireless support structures within the unincorporated areas of the County may be filed with the Commissioners which shall hold a public hearing on such petition within thirty (30) days of filing, and upon which a decision shall be made by the Commissioners within sixty (60) days of such filing;
(D) Upon receipt of a petition for the construction, placement, or use of a small cell facility on one (1) or more new utility poles or one (1) or more new wireless support structures in the unincorporated areas of the County, the County shall post notice of the petition on the County’s Internet website with a statement that the petition is available to public upon request; and
(E) The prohibition or other restrictions with respect to the placement of new utility poles or new wireless support structures within the unincorporated areas of the County shall be applied in a nondiscriminatory manner.
5. Emergency. Due to the statutory deadline by which the Commissioners must
take action, an emergency is hereby declared and this Resolution
shall be binding and effective immediately upon its adoption and
execution. Should Senate Enrolled Act 213 not become law for
any reason, this Resolution shall not take effect.
DULY PASSED, ADOPTED AND RESOLVED BY THE DEARBORN COUNTY BOARD OF COMMISSIONERS ON THIS THE 28TH DAY OF APRIL, 2017.
COUNTY OF DEARBORN, INDIANA
BOARD OF COMMISSIONERS
Shane McHenry, President
Kevin Lynch, Member
Art Little, Member
Gayle Pennington, Auditor
Commissioners adopted the ordinance and signed it.
Meeting Adjourned at 10:33 AM
Christine Brauer Mueller