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
No comments:
Post a Comment