AGENDA April 3 Commissioners MORNING Meeting

AGENDA

DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING

 April 3, 2018 

9:00 a.m., Henry Dearborn Room

Dearborn County Government Center

165 Mary Street, Lawrenceburg, Indiana

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. TITLE VI STATEMENT FOR COMPLIANCE

IV UNFINISHED BUSINESS

1.  Tabled Item - Ordinance to Add Title XV (Land Use), Chapter 155 (Environmental Regulations)

V. NEW BUSINESS

1. Mark McCormack, Director of Planning & Zoning 

1. Proposed Text Amendments to Zoning & Subdivision Control Ordinances

2. Ordinance to Amend Articles 3 and 24 of the Zoning Ordinance

3. Ordinance to Amend Articles 3, Section 305D of the Subdivision Control Ordinance

2.  Annual Operational Report for Local Roads & Streets – Hwy Eng., Todd Listerman

VI. ADMINISTRATOR – Sue Hayden

1.  Travel Advisory Notices – Presenting for Jason Sullivan

2.  Grant Application Request for Annual Veteran’s Service – Presenting for Mike Burgess

VII. AUDITOR – Connie Fromhold

1.  Claims/Minutes

VIII. ATTORNEY – Andy Baudendistel

1.  Building Permit Extension Agreement

IX. COMMISSIONER COMMENTS

X. LATE ARRIVAL INFORMATION

XI. PUBLIC COMMENT

XII. ADJOURN

26 March 2018 Dearborn County Plan Commission Meeting Notes

26 March 2018 Dearborn County Plan Commission Meeting Notes

Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, John Hawley, Mark Lehman,  Michael Lynch, Jake Hoog, Bill Ullrich, and Eric Lang 

ABSENT: Jim Thatcher

Also Present: Mark McCormack, Plan Director, and Andy Baudendistel, Attorney.

Baudendistel read the Title VI statement as legally required.

ACTION ON MINUTES-  January 22 and February 26,  2018 minutes approved. Bill Ullrich abstained from the January approval as he wasn’t on the board at that time. Michael Lynch asked to abstain also. 

OLD BUSINESS- none

NEW BUSINESS:

First Request:

 Zone Map Amendment from an Agricultural (A) to a Residential (R) Zoning District Applicant: Maxwell Development, Inc. Site Location: Raiders Ridge Drive, near General Drive and Steele Road Legal: Sec. 29, T7, R1, Map #01-29 Township: Logan Size: Approx. 11.02 Acres of Parent Parcel - McCormack presented the background as stated in the packet materials. The existing land use map of this area is being revised and updated to show the residential uses added. The area is surrounded by a fair amount of other residential use. Rezone area is not a steep slope as per the contour map. The area on 3 sides of the proposed rezone will remain Ag. Max buildout was for 182 its in 2006, re-approved in 2009 for 87 buildable Now the projected buildout is 69 units. Letters for utility providers are OK. Suggested the board look for a written commitment for the rezone as to the number of lots. Traffic study was for 200 units back in 2006 so the number of lots is under that traffic study numbers. More details when the primary plat is submitted. Written findings of facts were prepared by the applicant. Nothing is in the flood plain. Mt Pleasant Road is the main road accessing this and is adequate. Sewer is by St. Leon. County Engineer had no issues with access from Raiders Ridge Drive. Also existing ROW form Calvary Crossing. 5 letters sent to neighbors. One was not picked up at the post office. McCormack then showed pictures of the site. 

Board question- Lehman asked about the landlocked piece adjoining that and if it had access- Yes.

Randy Maxwell- said he’d answer any questions. 11 acres and 12 lots. There are also 2 homes (one existing) built in the Ag district around this. PUBLIC-

Sandra Weisberger- her family didn’t want her to come. They got access to the private road. 

She wants to have Steele Road connectivity and wanted access to the new road going to the west. Maxwell said that they made a private drive to access the Weisbergers and the 6-7 homes on that private drive. 

Cindy Harding- daughter of Sandy Weisberger- showed all the other roadways thru the parcels or near it- Steele Road and Lutz Road. 

McCormack- said the basic question is the rezone- and access is considered at the primary plat stage. The road configuration will be considered then. The improvement plan gets it more refined. 

End Public

Lehman- said we have some work to do on findings of fact. He thinks the answers need to be more detailed. He wanted to see topography added as a reason for making the lot area Residential vs. the steep area staying Ag. 

Lang- thinks the rezone is straightforward as it’s a progression of what is already there. 

Hoog- doesn’t think  farmer would do anything with 11 acres in the middle of residential uses anyway. Topography limits some of this. 

Kraus, Jr. Asked if the findings of fact had to be part of a motion. Baudendistel said that the staff puts those together before the request goes to commissioners. 

They wants to put 13 lots in the motion tp be sure that all are accounted for even the ones in the Ag section. 

Lang motioned for a favorable recommendation to rezone the 11 acres to R based upon 13 lots approximately as presented. Ullrich 2nded. All ayes. They also wanted commitment that no more than 13 lots will be on the 36 acre parcel as Randy Maxwell suggested. Lang motioned for that and Ullrich 2nded. All ayes. 

Randy Maxwell commented to the board that the findings of fact questions were extremely subjective in his opinion. He could see how others could argue the opposite depending on their perspective. Land said it did give the applicant a place to plead his or her case. 

  

 Second Request: 

Vacate a portion (2 lots total) of Phases 1 and 3 of the Park Place Estates Subdivision Applicant: Steve Cahill / Abercrombie & Associates, Inc. Site Location: Lot 3 and Lot 71 Ag, Einsel Road near Boardwalk Drive Legal: Section 35, T7, R1, Map #01-35, Township: Harrison Size: 19.93 Acres (Total) Zoning: Agricultural (A) & Residential R

McCormack presented packet info and slide of the area. He went over ll the replays of this development. Non- buildable means not putting a home or business there. You could put barns etc. Maxwell developed this and they sold these additional acres to someone who had an adjoining property. The owners live on lot 3 and the new home would be on 71. They are trying to get something to be able to be built on a non-buildable lot. 11 letters mailed. 3 were received- the rest came back. There is a house on lot3 and none on 71. This is a first step to redoing the lots. which are next to each other. They would vacate the lots and then not be part of the subdivision. They can then decide if and where they can build a 2nd home there. One of the neighbors in the audience said there is no homeowners ass’n in this development. Lang questioned why this wasn’t just a replat and not mess with deleting the homeowners ass’n or restrictions and covenants. All of Section 3 was notified. 

Applicant:

Steve Cahill of Abercrombie Associates— applicant representing Mr and Mrs Madden tonight. They want to build an additional house for the mother-in-law. The deed mentions on Lot 71 covenants and restrictions. Maddens do not pay any homeowners ass’n fees. The only thing that kills their plan is that its a non-buildable lot. The home site will be on the lot 71 and lot 3 line. 

Joe Madden- wants the mother-in-law who has health issues close by. House will be similar to the rest of the neighborhood. They took this approach on advice of the staff at P&Z. They have owned the house since 2015. It was already built. 

PUBLIC- Helmut Keinz sp? - no problem with the plans- just the lack of clarity. There are restrictions and covenants- but there is no way to enforce them really. Previous owner had heavy equipment back there before. They had ATV’s etc. He has no problem with the plans as presented. Joe Madden said it was an excavator to move some trees that fell over. 

Close Public off.

Discussion from attorney is to table this until the neighbors around 71 are ok with it. They thought they bought a house next to an empty lot. So they need to be notified by regular mail now. Lots of discussion and then the Board decided to TABLE and notify neighbors before the April meeting. Only new material will be heard in April. 

9:45 PM

 ADMINISTRATIVE:

To review and discuss proposed changes to the Dearborn County Zoning and Subdivision Control Ordinances, regarding Zone Map Amendment Applications - follow up  to previous work and this is for them to look over. 

To review and discuss proposed changes to the Interlocal Agreement with West Harrison, with respect to expanded planning and zoning-related services  -signed already so PC signs now and takes it to the Commissioners and Council. 

Comprehensive Plan Update - interview set for Public Safety with Jason Sullivan, EMA director. Tried to reach out to Sheriff’s office.  Kreinhop is not responding so it was suggested by McHenry that he interview Lusby- former sheriff for this element. 

One case for April- and it’s half the size they originally talked about.  

Notifications for rezones- some don’t want to submit concept development plan. This subjects them to maximum allowable use. He has looked up the minimum amount of notifications needed. Most are making it 600ft or 2 ownerships, whichever is less by the land proposed. 

Meeting adjourned at 10:05 PM

Christine Brauer Mueller

Lawrenceburg Township

AGENDA and packet for 26 March 2018 Plan Commission Meeting

AGENDA and packet for 26 March 2018 Plan Commission Meeting

http://www.dearborncounty.org/egov/documents/1521147745_38496.pdf

20 March 2018 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

20 March 2018 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

Present: Shane McHenry, President, Art Little, and Jim Thatcher

Also present: Connie Fromhold, Auditor, Andy Baudendistel, Attorney, and Sue Hayden, Administrator

TITLE VI STATEMENT FOR COMPLIANCE was read by Baudendistel as legally required.

Agenda Change:

Mayor Alan Weiss of Greendale- Three properties in Greendale that were unsafe properties and demolished- years ago. They put a lien on the properties and they went to a tax sale. Asking if the Commissioners could be turned over to the City of Greendale to put them to other use. 13 Kansas,114 Ridge, and 54 Oakey. Two of them cannot have structures built on them. At least 3 tax sales were tried on these. Baudendistel cited the code that allows them to do this. Redemption period is still 120 days. They have done this with Greendale once and with Aurora once. Three resolutions were signed and approved. Greendale will release the liens also. 

OLD BUSINESS:

FLY ASH ORDINANCE-  Ordinance to Add Title XV Land Use Chapter 155 Environmental Regulations

Todd Listerman- pointed out that some fly ash is used for concrete and we have a company that uses it in their concrete.

Chris Mueller- spell out the specific type of fly ash you will allow in that case so that you don’t open the door for something you don’t want.

Matt Miles- sent a document over and asked that they hold this to April 9. He references the different types of fly ash. He also referenced the other areas in the county where this has been used unbeknownst to us. TABLED for changes. 

 BOARD OF COMMISSIONERS 

DEARBORN COUNTY, INDIANA 

ORDINANCE 2018-_____ 

AN ORDINANCE TO ADD TITLE XV, CHAPTER 155 

TO THE DEARBORN COUNTY, INDIANA CODE OF ORDINANCES 

WHEREAS, the Dearborn County Board of Commissioners has authority, pursuant to its statutory and home rule powers, to amend the Dearborn County, Indiana Code of Ordinances; and 

WHEREAS, the Dearborn County Board of Commissioners, pursuant to statutory authority as the duly elected County Executive for the County of Dearborn, State of Indiana, is tasked with the protection of the health and safety of its residents as well as the preservation of the local environment and ecosystem; and 

WHEREAS, the Dearborn County Board of Commissioners now determines that creating Title XV, Chapter 155 of the Dearborn County, Indiana Code of Ordinances will best protect the health and safety of its residents and to preserve the environment and ecosystem, all of which is in the best interest of the citizens of Dearborn County. 

NOW THEREFORE, BE IT ORDAINED by the Dearborn County Board of Commissioners, that an amendment be made to the Dearborn County, Indiana Code of Ordinances to add Title XV, Chapter 155 as follows: 

TITLE XV – LAND USAGE 

CHAPTER 155: ENVIRONMENTAL REGULATIONS 

§ 155.01 Purpose 

§ 155.02 Definitions 

§ 155.03 Transportation and Placement of Certain Materials 

§ 155.04 Application to Zoning Districts 

§ 155.05 Conflict With Other Laws 

§ 155.06 Exceptions 

§ 155.07 Enforcement 

§ 155.08 Effective Date 

§ 155.01 PURPOSE 

(A) Purpose of Environmental Regulations: 

(1) To protect the health, safety and general welfare of the citizens of Dearborn County, Indiana; and 

(2) To ensure the preservation and continued use and enjoyment of the environment and ecosystem; and 

(3) To enhance property values and attract new residents; and 

(4) To ensure the viability of the corporation limits; and 

(5) It is deemed essential by the County that these protections be put in place and enforced. 

(B) These purposes are advanced through a prohibition against the importing of certain materials and storage, in any form, whether temporary or permanent in nature, within the corporate boundaries of Dearborn County. 

(C) It is the intention of the County through this Chapter to preserve and 

protect the public health and environment and to enforce these provisions as necessary to that end. 

§ 155.02 DEFINITIONS 

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the present tense include the future tense. The singular number includes the plural, and the plural, the singular. Terms not defined in this section shall have the meanings customarily assigned to them. 

COUNTY. The County of Dearborn, State of Indiana. 

COUNTY LIMITS. The corporate legal municipal boundaries of the County of 

Dearborn, State of Indiana. Said boundaries shall include all incorporated and unincorporated areas of the County. 

COAL ASH. The definition of COAL ASH shall include all coal combustion residuals or CCRs, including Fly Ash, Bottom Ash, Boiler Slag, Flue Gas Desulfurization Material, fluidized bed combustion ash, cenospheres, scrubber residues. All such terms shall have their plain meaning as well as the meanings referenced by the EPA and IDEM. 

PERSON. Includes a company, a firm, a partnership, a limited liability company, or a corporation, as well as an individual. 

PLACEMENT. Any offloading of any quantity, from a vessel, a vehicle or by a person, for any duration of time, whether intentional or accidental. 

SHALL. The word SHALL means that it is mandatory. 

TRANSPORTATION. The movement by any manner or means, whether by powered or unpowered vessel or vehicle, or by a person, via land, air or water, above or below ground. 

§ 155.03 TRANSPORTATION AND PLACEMENT OF CERTAIN MATERIALS 

The transportation of Coal Ash from outside the County limits to inside the County limits for the purpose of placement within the County limits shall be unlawful and prohibited. This is true for any duration of placement and any location within the County limits for any purpose, regardless of approval or permitting by any agency, including those of the State or Federal government. 

§ 155.04 APPLICATION TO ZONING DISTRICTS 

All zoning districts lying within the County limits are subject to the regulations herein. If there is a conflict between the requirements of the zoning district and the requirements of this Chapter, this Chapter shall apply. 

§ 155.05 CONFLICT WITH OTHER LAW 

This Ordinance shall be given full force and effect for all actions taken within the County limits, and any conflict with any other laws, whether local, State or Federal in jurisdiction, shall be construed in favor of this Ordinance. 

§ 155.06 EXCEPTIONS 

A. A variance to this prohibition may be requested by submitting the same in writing to the Dearborn County Board of Commissioners. The application shall state: 

1. The identity and chemical composition of all prohibited materials to 

be transported. 

2. The amount of each prohibited material and the percentage 

composition as compared to other materials contained therein. 

3. The number of such shipments. 

4. The frequency of such shipments. 

5. The origin and destination of such shipments. 

6. The purpose of the transportation. 

7. The Party or Parties responsible for transportation and placement. 

B. The Dearborn County Board of Commissioners shall hear from the applicant, the general public, and any other persons deemed beneficial to decision-making, and 

after doing so shall deliberate and decide as to whether to grant a variance within thirty (30) days of the hearing. 

C. The Dearborn County Board of Commissioners shall base their decision on the following factors: 

1. Potential harm to the health of the citizens of the County. 

2. Potential harm to the environment of the County. 

3. Whether or not there are sufficient safeguards in place to guarantee the safety of human health and the environment. 

D. Denial of a variance may be reviewed by the County Superior or Circuit Court. 

E. Should a variance be granted by the Dearborn County Board of Commissioners, said variance shall be subject to the entire Dearborn County Zoning Ordinance which includes, but is not limited to, Article 8: Floodplain Regulations and Article 25: General Requirements, and specifically Section 2572 – Environmental Provisions. 

§ 155.07 ENFORCEMENT 

(A) Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer, or otherwise, who violates any provision of this Chapter shall be immediately subject to its penalties. 

(B) The presence of any materials prohibited by this Chapter shall be prima facie evidence of a violation of these provisions, and subject the person or persons possessing the materials to its penalty provisions, along with the entity on whose behalf said person is operating. 

(C) The erection, construction, enlargement, alteration, repair, demolition, moving, or maintenance of any building, structure, or appurtenance which is begun, continued, or maintained contrary to any provisions of this Chapter is hereby declared to be a nuisance and in violation of this Chapter and unlawful. 

(D) The County may institute a suit for injunction in the Circuit Court or Superior Court of the County to restrain any person or government unit from violating any provision of this Chapter and to cause such violation to be prevented, abated, or removed. Such action may also be instituted by any property owner who is adversely affected by the violation of any provision of this Chapter. 

(E) Any violation of the provisions of this Chapter shall subject the violating party or parties to injunction and damages, including fines, cost of collection and 

attorney’s fees. The violating party or parties shall also be liable for all costs of cleanup and remediation. 

(G) The remedies provided for in this section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. 

(H) Any person or party aggrieved by a decision under this Chapter shall be entitled to judicial review. 

§ 155.08 EFFECTIVE DATE 

This Ordinance shall be effective immediately upon passage by the Dearborn County Board of Commissioners and shall be recorded in the Dearborn County, Indiana Code of Ordinances and published accordingly. 

ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2018. 

BOARD OF COMMISSIONERS 

DEARBORN COUNTY, INDIANA 

______________________________ ______________________________ 

SHANE MCHENRY, President ART LITTLE, Member 

ATTEST: ______________________________ 

JIM THATCHER, Member 

______________________________ 

CONNIE A. FROMHOLD 

County Auditor 

This Ordinance prepared by: Andrew D. Baudendistel #28212-15, Dearborn County Attorney, 60 East High Street, Lawrenceburg, Indiana 47025. Phone: (812) 537-4500. Fax: (812) 539-4500. 

NEW BUSINESS

Grant for EMPG Salary Reimbursement- Jason Sullivan, EMA Director- Approved.

Discussion Re: Public Hearing for MGPI Petition to Appeal from an Ordinance- Baudendistel said in Feb 2018 - SDRSD passed a sewage rate ordinance. The ordinance had only the cities as members of SDRSD- Baudendistel is attorney for SDRSD and also the Commissioners  so he will not represent either. The Commissioners will hear the appeal by April 10th per state statute. Set for April 10th at 10 AM. 

HIGHWAY DEPT ENGINEER- Todd Listerman:

Award for Bridge #88 Deck Overlay Johnson Fork Road 

O’Mara - $158,000

Duncan Robertson- $253,486.32

Rohe - $169,340.91

O’Mara approved for the bid. Signed. 

ADMINISTRATOR – Sue Hayden:

Signatures for 2018 Contracts for Emergency Medical Services- 8 contracts. All have 2 squads except for one area. Commissioners signed and approved Manchester $20,000. The remaining listed are for $40,000 each: Aurora, Moores Hill, Dillsboro, Sunman, Bright, Greendale, and Lawrenceburg all signed and approved. 

AUDITOR – Connie Fromhold  -Claims and March 6th and Emergency Meeting for March 9th (YES Home heat went out) Minutes Approved. Thatcher abstained as he wasn’t present at the meeting. 

ATTORNEY – Andy Baudendistel- nothing more.

COMMISSIONER COMMENTS:

Jim Thatcher- I am without words

Art Little- Be careful if we get the 3-5inches of snow.

Shane McHenry- Stateline Road will be closed between the 2 entrances of Augusta Drive for April 7th for roadside cleanup. 

LATE ARRIVAL INFORMATION- none

PUBLIC COMMENT- Matthew McDaniel represents Mr Wilker, a resident of Seldom Seen. They had a stop work order by Bill Shelton in 2017. They had 90 days to work on this starting in December. There was a phenomenal amount of rain and so on March 5th Shelton issued a Stop Work Order. He is requesting a 45 day extension due to the weather issues. 

Baudendistel said that he knew Shelton could not be here. This project started June 1, 2015. Shelton does not want to reissue it. David Klump sent a video of 4 kids playing in the home from the neighborhood. One of the neighbors ran them off as it was not safe inside as there is a hole open to the basement. McDaniel noted that only 87 days had elapsed when Shelton reissued a stop order 3 days early. That was by text message- not a formal order. A General Contractor spoke in support of the family’s contractor. He said financing was in place to finish. Long discussion with numerous issues of partial work - the house was in construction for 3 years with a 6 month hiatus due to permit expiration. Commissioners gave a detailed spec of the financing being in escrow and the permit would be contingent on itemization of the remaining work and costs to add up to the financing. By April 8 the financing will be in. Delineated tasks were stated to seal off the house and safety. The agreement will be at the April 3 meeting. 

So the house will not be bulldozed at this time.  

ADJOURN- 7:38 PM

Christine Brauer Mueller

Lawrenceburg Township

19 March 2018 Lawrenceburg City Council Meeting Notes

19 March 2018 Lawrenceburg City Council Meeting Notes

[Note: There was no discussion or mention of the fly ash issue at any part of this meeting.

Board of Works

Seymour, Calloway, Clawson, Mollaun, Tremain, Combs, Mills

Mike Clark- Opening bids for Industrial Drive and Charles A Little Dr- paving and sewer

Rohe- $1,185,200- 

Utter ( sp?) Construction $908,690.67

O’Mara- $773,000

Recommended the low bid- For O’Mara- Approved. 

Claims approved.

Adjourned 6:05 PM

Utility Board:

Abbott, Cook, Davis, Abner, Seymour, Weldon, Clawson, Mollaun, Richardson.

Clawson- Lineman Rodeo- attending one out of town for April 27-28 in Raleigh NC to get ideas for our rodeo at Fall Fest.

Minutes approved. 

Committee reports- none

No new or old business.

Claims approved.

Adjourned6:08 PM

Council Meeting:

Abbott, Davis, Mollaun, Weldon, Richardson, Abner,  Seymour, and Clawson

Minutes approved for March 5th 

March 8 approved also with Redevelopment

Ridgewood having lunch for first responders Tues- tomorrow

Mollaun- Now live-streaming on you tube with new cameras and mics.

Mike Clark- Replat of Cook Place subdivision- approved with Seymour abstaining.

Richardson- has forms for elected officials to voluntarily fill out - blank form on the website. This can also be filled out by citizens. Trying to document and track where issues are. 

Mollaun- Update from Sports Complex people at the Fairgrounds. They are waiting on the investment group. Was going to move the 4H area to an area closer to concessions and restrooms. This year we will start an annual bull riding and rodeo with Fall Fest. They can use their own workers to get this done. Concrete and fence to be done. $125,000 NTE to be committed by Council for this. Utilities will supply water and lighting and electric. It will be a nice arena that canoe used for a number of things. Approved to move forward to get done by June 4H Fair.

Staff worked hard on a grant for Industrial and Little Dr (see above in the Board of Works) for $510,186 from Community Crossings Grant. 

$22,500- advanced payments for Fall Fest- Murray Brothers. Approved.

$9,000 for firewall grant on High St house that was remodeled- Redevelopment Commission- approved to do it with the claims. 

Claims approved.

Additional grant for legal fees to make a one time payment for properties in litigation on High St from bankruptcy for $3500. Approved with Davis abstaining.

Adjourned 6:25 PM

Christine Brauer Mueller

Lawrenceburg Township

Proposed Fly Ash Ordinance for the County Commissioners

Proposed Fly Ash Ordinance for the County Commissioners

FLY ASH ORDINANCE-  Ordinance to Add Title XV Land Use Chapter 155 Environmental Regulations

 BOARD OF COMMISSIONERS 

DEARBORN COUNTY, INDIANA 

ORDINANCE 2018-_____ 

AN ORDINANCE TO ADD TITLE XV, CHAPTER 155 

TO THE DEARBORN COUNTY, INDIANA CODE OF ORDINANCES 

WHEREAS, the Dearborn County Board of Commissioners has authority, pursuant to its statutory and home rule powers, to amend the Dearborn County, Indiana Code of Ordinances; and 

WHEREAS, the Dearborn County Board of Commissioners, pursuant to statutory authority as the duly elected County Executive for the County of Dearborn, State of Indiana, is tasked with the protection of the health and safety of its residents as well as the preservation of the local environment and ecosystem; and 

WHEREAS, the Dearborn County Board of Commissioners now determines that creating Title XV, Chapter 155 of the Dearborn County, Indiana Code of Ordinances will best protect the health and safety of its residents and to preserve the environment and ecosystem, all of which is in the best interest of the citizens of Dearborn County. 

NOW THEREFORE, BE IT ORDAINED by the Dearborn County Board of Commissioners, that an amendment be made to the Dearborn County, Indiana Code of Ordinances to add Title XV, Chapter 155 as follows: 

TITLE XV – LAND USAGE 

CHAPTER 155: ENVIRONMENTAL REGULATIONS 

§ 155.01 Purpose 

§ 155.02 Definitions 

§ 155.03 Transportation and Placement of Certain Materials 

§ 155.04 Application to Zoning Districts 

§ 155.05 Conflict With Other Laws 

§ 155.06 Exceptions 

§ 155.07 Enforcement 

§ 155.08 Effective Date 

§ 155.01 PURPOSE 

(A) Purpose of Environmental Regulations: 

(1) To protect the health, safety and general welfare of the citizens of Dearborn County, Indiana; and 

(2) To ensure the preservation and continued use and enjoyment of the environment and ecosystem; and 

(3) To enhance property values and attract new residents; and 

(4) To ensure the viability of the corporation limits; and 

(5) It is deemed essential by the County that these protections be put in place and enforced. 

(B) These purposes are advanced through a prohibition against the importing of certain materials and storage, in any form, whether temporary or permanent in nature, within the corporate boundaries of Dearborn County. 

(C) It is the intention of the County through this Chapter to preserve and 

protect the public health and environment and to enforce these provisions as necessary to that end. 

§ 155.02 DEFINITIONS 

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the present tense include the future tense. The singular number includes the plural, and the plural, the singular. Terms not defined in this section shall have the meanings customarily assigned to them. 

COUNTY. The County of Dearborn, State of Indiana. 

COUNTY LIMITS. The corporate legal municipal boundaries of the County of 

Dearborn, State of Indiana. Said boundaries shall include all incorporated and unincorporated areas of the County. 

COAL ASH. The definition of COAL ASH shall include all coal combustion residuals or CCRs, including Fly Ash, Bottom Ash, Boiler Slag, Flue Gas Desulfurization Material, fluidized bed combustion ash, cenospheres, scrubber residues. All such terms shall have their plain meaning as well as the meanings referenced by the EPA and IDEM. 

PERSON. Includes a company, a firm, a partnership, a limited liability company, or a corporation, as well as an individual. 

PLACEMENT. Any offloading of any quantity, from a vessel, a vehicle or by a person, for any duration of time, whether intentional or accidental. 

SHALL. The word SHALL means that it is mandatory. 

TRANSPORTATION. The movement by any manner or means, whether by powered or unpowered vessel or vehicle, or by a person, via land, air or water, above or below ground. 

§ 155.03 TRANSPORTATION AND PLACEMENT OF CERTAIN MATERIALS 

The transportation of Coal Ash from outside the County limits to inside the County limits for the purpose of placement within the County limits shall be unlawful and prohibited. This is true for any duration of placement and any location within the County limits for any purpose, regardless of approval or permitting by any agency, including those of the State or Federal government. 

§ 155.04 APPLICATION TO ZONING DISTRICTS 

All zoning districts lying within the County limits are subject to the regulations herein. If there is a conflict between the requirements of the zoning district and the requirements of this Chapter, this Chapter shall apply. 

§ 155.05 CONFLICT WITH OTHER LAW 

This Ordinance shall be given full force and effect for all actions taken within the County limits, and any conflict with any other laws, whether local, State or Federal in jurisdiction, shall be construed in favor of this Ordinance. 

§ 155.06 EXCEPTIONS 

A. A variance to this prohibition may be requested by submitting the same in writing to the Dearborn County Board of Commissioners. The application shall state: 

1. The identity and chemical composition of all prohibited materials to 

be transported. 

2. The amount of each prohibited material and the percentage 

composition as compared to other materials contained therein. 

3. The number of such shipments. 

4. The frequency of such shipments. 

5. The origin and destination of such shipments. 

6. The purpose of the transportation. 

7. The Party or Parties responsible for transportation and placement. 

B. The Dearborn County Board of Commissioners shall hear from the applicant, the general public, and any other persons deemed beneficial to decision-making, and 

after doing so shall deliberate and decide as to whether to grant a variance within thirty (30) days of the hearing. 

C. The Dearborn County Board of Commissioners shall base their decision on the following factors: 

1. Potential harm to the health of the citizens of the County. 

2. Potential harm to the environment of the County. 

3. Whether ot not there are sufficient safeguards in place to guarantee the safety of human health and the environment. 

D. Denial of a variance may be reviewed by the County Superior or Circuit Court. 

E. Should a variance be granted by the Dearborn County Board of Commissioners, said variance shall be subject to the entire Dearborn County Zoning Ordinance which includes, but is not limited to, Article 8: Floodplain Regulations and Article 25: General Requirements, and specifically Section 2572 – Environmental Provisions. 

§ 155.07 ENFORCEMENT 

(A) Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer, or otherwise, who violates any provision of this Chapter shall be immediately subject to its penalties. 

(B) The presence of any materials prohibited by this Chapter shall be prima facie evidence of a violation of these provisions, and subject the person or persons possessing the materials to its penalty provisions, along with the entity on whose behalf said person is operating. 

(C) The erection, construction, enlargement, alteration, repair, demolition, moving, or maintenance of any building, structure, or appurtenance which is begun, continued, or maintained contrary to any provisions of this Chapter is hereby declared to be a nuisance and in violation of this Chapter and unlawful. 

(D) The County may institute a suit for injunction in the Circuit Court or Superior Court of the County to restrain any person or government unit from violating any provision of this Chapter and to cause such violation to be prevented, abated, or removed. Such action may also be instituted by any property owner who is adversely affected by the violation of any provision of this Chapter. 

(E) Any violation of the provisions of this Chapter shall subject the violating party or parties to injunction and damages, including fines, cost of collection and 

attorney’s fees. The violating party or parties shall also be liable for all costs of cleanup and remediation. 

(G) The remedies provided for in this section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. 

(H) Any person or party aggrieved by a decision under this Chapter shall be entitled to judicial review. 

§ 155.08 EFFECTIVE DATE 

This Ordinance shall be effective immediately upon passage by the Dearborn County Board of Commissioners and shall be recorded in the Dearborn County, Indiana Code of Ordinances and published accordingly. 

ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2018. 

BOARD OF COMMISSIONERS 

DEARBORN COUNTY, INDIANA 

______________________________ ______________________________ 

SHANE MCHENRY, President ART LITTLE, Member 

ATTEST: ______________________________ 

JIM THATCHER, Member 

______________________________ 

CONNIE A. FROMHOLD 

County Auditor 

This Ordinance prepared by: Andrew D. Baudendistel #28212-15, Dearborn County Attorney, 60 East High Street, Lawrenceburg, Indiana 47025. Phone: (812) 537-4500. Fax: (812) 539-4500. 

Agenda March 20th DC Commissioners Meeting

AGENDA

DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING

 March 20, 2018 

6:00 p.m., Henry Dearborn Room

Dearborn County Government Center

165 Mary Street, Lawrenceburg, Indiana

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. TITLE VI STATEMENT FOR COMPLIANCE

IV UNFINISHED BUSINESS

1.  Ordinance to Add Title XV (Land Use), Chapter 155 (Environmental Regulations) 

V. NEW BUSINESS

1.  Grant for EMPG Salary Reimbursement – Jason Sullivan, EMA Director

2.  Discussion Re: Public Hearing for MGPI Petition to Appeal from an Ordinance

VI. ADMINISTRATOR – Sue Hayden

1.  Award for Bridge #88 Deck Overlay – presenting for Todd Listerman

2.  Signatures for 2018 Contracts for Emergency Medical Services 

VII. AUDITOR – Connie Fromhold

1.  Claims/Minutes

VIII. ATTORNEY – Andy Baudendistel

IX. COMMISSIONER COMMENTS

X. LATE ARRIVAL INFORMATION

XI. PUBLIC COMMENT

XII. ADJOURN

AEP's tallest tower "imploded" as viewed from SR 48 hill

Daylight Savings Time: You Can't Fool Mother Nature

Daylight Savings Time:
You Can't Fool Mother Nature

 by Mark Franke

Every English school child knows the story about King Canute sitting on the seashore and commanding the tide to stop before wetting his feet. Needless to say, it didn’t, which was the point old Canute wanted to make. He may have been king, but the laws of nature answer only to God. Apocryphal or not, there is something to be learned from this.

But not by the political and business leaders who have imposed daylight savings time on us long-suffering Hoosiers. Forget the movement of the sun; we’ll make time jump to and fro however we want it to.

Keep this mind: The rotation of the Earth and progress of the sun places Indiana squarely in the Central Time Zone. That’s where we were assigned in the nineteenth century when the railroads and interstate commerce forced standardization of local time and again in 1918 when Congress stepped in to regulate time across the continent. That means we are already one hour off nature’s clock. With daylight savings time, it is now two hours.

Oh, there is a bounty of reasons why this is a Good Thing. Unfortunately for the Indiana State Chamber of Commerce and its allies in the Statehouse, all these reasons have been more or less debunked.
John Gaski, a professor in the Mendoza College of Business at Notre Dame, analyzed the claims made by proponents back in 2011 when the Indiana General Assembly condemned us to daylight savings hell. Improve school safety and test scores? Nope. Other DST states experienced SAT scores continuing to fall, more school day cancellations and delays, and no noticeable improvement in student safety.

How about the great benefit to accrue to Indiana businesses? The state chamber’s own data showed that central time was slightly better for our local employers. And don’t forget the global economy, the Internet and the 24-7 business day which wait for no artificial clock scheme.

So think for a moment about the mundane effects of this on the average citizen. Who didn’t wake up grumpy last Sunday due to a missing hour of sleep? Did you feel any better going to work Monday morning?

The human body has an internal clock, called the circadian rhythm, that processes the body through a 24 hour cycle with or without light. That just doesn’t conveniently reset itself in March and November in spite of the dictate of the Indiana General Assembly. It’s difficult for senior citizens like me, and even worse for school-age children who don’t start functioning well until their bodies say it is 9:00. My wife, a retired elementary school teacher and principal, can attest to that. This week they effectively start school with an internal clock that screams, “It’s only 7:00!”

There must be a conspiracy in this somewhere, and I think I have rooted it out. A group of environmental do-gooders have convinced our legislators to take this action in order to protect the lightning bug. (Yes, lightning bug. No self-respecting Hoosier would ever call it a firefly in spite of another law recently passed by the Indiana General Assembly demanding just that.)

Now when it finally gets dark about 10:00 p.m in that first week after schools let out, the lightning bugs are safe from capture and imprisonment because all our young children have long since fallen asleep. That is, if we can fight them into bed while the sun is still shining through their bedroom windows.

But there is a blessing in this human nonsense. We Hoosier Christians can hold our Easter sunrise service at 7:00 a.m.rather than at 6:00. God, and the faithful, get the last laugh.
 
Mark Franke, an adjunct scholar of the foundation, is formerly an associate vice chancellor at Indiana University-Purdue University Fort Wayne.
 

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The Indiana Policy Review Foundation is a non-profit education foundation focused on state and municipal issues. It is free of outside control by any individual, organization or group. It exists solely to conduct and distribute research on Indiana issues. Nothing written here is to be construed as reflecting the views of the Indiana Policy Review Foundation or as an attempt to aid or hinder the passage of any bill before the legislature or to further any political campaign.