AGENDA May 1st Dearborn County Commissioners MORNING Meeting

AGENDA

DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING

May 1, 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

Signatures on Order of the District Authority re: MGPI vs. SDRSD

V. NEW BUSINESS

1.  Bright Area Business Association – Cindy Nixon

2.  Highway Engineer, Todd Listerman

1.  Supplemental Agreement #2 for Bridge #108 Harrison Brookville Road

2.  Bid Results for Small Structure #419 Georgetown Road

3.  New 911 Phone System & Request to Approach Council - 911 Director, Jared Teaney

VI. ADMINISTRATOR – Sue Hayden

VII. AUDITOR – Connie Fromhold

1.  Claims/Minutes

VIII. ATTORNEY – Andy Baudendistel

IX. COMMISSIONER COMMENTS

X. LATE ARRIVAL INFORMATION

XI. PUBLIC COMMENT

XII. ADJOURN

23 April 2018 Dearborn County Plan Commission Meeting Notes

23 April 2018 Dearborn County Plan Commission Meeting Notes

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

ABSENT: Michael Lynch

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

Approximately 115 people filled the meeting room. Register Publications and Eagle Radio covered the meeting.

Title VI statement was read by Baudendistel as legally required. He also encouraged all participants to be respectful of the board and also to speak up as we are using a miniature recorder. The county recording equipment was not working.

ACTION ON MINUTES- no minutes to approve.

OLD BUSINESS:

Steve Cahill- Abercrombie and Associates- Vacation request on Lots 3 and 71 on Einsel Rd near Boardwalk Dr on 19.93 Acres in Harrison Township Ag and Residential.

Mark McCormack presented. The Board did not require McCormack to go over the material from the last meeting again.This request was tabled at the last meeting due to some notices not being received. Some more information was received from the applicant regarding a concept house plan. They also received a letter from Robert Ewbank regarding his clients who own lots 1 and 2. The letter reiterates issues discussed in the last meeting. 

Steve Cahill from the Ohio based survey company spoke He also said that they had employees licensed in Indiana. He noted that he was not an attorney and he is a licensed surveyor in Ohio and Kentucky. He noted that non- buildable lot 73 doesn’t mean houses can’t be built on it- just that it has to be combined with another lot that has access. He went thru the code and he thinks that they have met the restrictions.Item F of the code - the conditions in the area changed- because the lot has been transferred to the adjacent owner. This does not in his opinion diminish the land value of the neighboring owners. In answer to Mark Lehman’s questions Cahill concurred that there will still be just 2 lots - the boundary will change to allow the house to be put in the appropriate spot. 

PUBLIC: Jeff Everhardt ( sp?) - Owns Lot 72- He said he has no issues with this plan as stated. They only wanted to be sure they would maintain the tree line for privacy in that area.

END PUBLIC

Eric Lang had questions about the other covenants and whether they would be no longer adhered to if these lots were vacated and no longer part of the subdivision. 

Baudendistel said there were specific state code regarding the covenants. These had to be addressed. There are issues with adjoins sharing driveways with Lot 3- what happens if Lot 3 no longer exists and there is a new lot created and renamed? 

Joe Madden-  spoke to Maxwells when they purchased the land and had an email back to him regarding the unbuildable lot that stated it was only to say it was unbuildable due to lack of access- but that it could be buildable. 

IC36-4-7-14 - has to be adhered to per Baudendistel in answer to Kraus, Jr. 

Lang said that replats in the tristate normally do not absolve them from the covenants.

Baudendistel kept going back to the one property owner has already sought out a lawyer (Ewbank) and they could end up in court. 

Lang is adamant about keeping the covenants intact and has no problem with what he wants do. He just doesn’t think this is the way to do it. 

Cahill said that they elected not to do replat because staff advised them that they had to get all affected owners to sign off on the repeat to get that done. So they went with the vacation procedure.

Board- Eric Lang asked about the original property owners being able to put even the original house on that lot if they had wanted to. 

Mark Lehman had big issues with people just vacating green space. He gave a personal example of that. 

Kraus Jr. also had no problem wit the intent. But he sees no way they can do this and get around the state code. Beiersdorfer agreed with Kraus, Jr. 

Madden had noted that no other neighbors were here against it. 

Baudendistel said that the letter from that neighbor’s attorney preserves their standing to appeal the decision.

Board reiterated individually that they have no problem with the idea- but not this way. 

Lehman noted that 1 of the 3 criteria in the state code could allow them to do this. And they would have to deny on all 3. 

Ullrich motioned to table the request so he could get a response in writing from the objecting neighbor. 2nd by John Hawley- All ayes. TABLED.

8:35 PM 

NEW BUSINESS:

Court King- Blind Hunting Club LLC Zone change from Ag to Residential for 186.776 acres on Yorkridge and Bonnell Roads in York Township

McCormack- presented. He briefly explained how a zone change occurs. What we have tong does not have concert development plan. This forces them to consider it as the highest possible Residential use. The result is a RECOMMENDATION and it goes to the Commissioners for a final approval or denial. A rezone does not give them all the info they need to do a review of the development itself. They can involve primary plats of the development. They may have waivers requested, etc. He let the audience know there is more review of the development all along the way. Stormwater has to be addressed. The third stage is a secondary plat stage. All the necessary improvements have to be completed or they have to be bonded. Lots can be transferred after that has occurred. 

Is the land appropriate for R or not is the question tonight. 

Staff report page 1 tells the findings required by law for a zone change. Because there is no concept plan so reviewed on maximum possible allowances.

Map shows to the south is the railroad and an existing cemetery near another western border. Existing zoning in the area is higher density in the town of Guilford itself. Orthophotography shows the 3 improvements on the property and the high tension lines. They are not considering any of the adjoining property also owned by Blind Hunting Club LLC as it is not part of the request. 28% grade and also a 30% grade and a 33% grade on sides of the property. this relates to the moderate and steep slopes  portion of the ordinance. They are requesting 100 units. No traffic study was submitted. Anything that generates 1000 trips per day would require a traffic study. One will have to be performed at some point unless the lot count drops dramatically. This could be required after the zone change as a written commitment before the primary plat approval. They also need to look at  the intersection of Bonnell and Yorkridge and also at Washington St. Common slip area on SR 1 towards Lawrenceburg. This comes close to doubling the traffic impact. Residential zone allows maxim 4/acre , but this will be .54 units per acre. They need it to be specified as SINGLE family units on this. Topo map - slopes over 20% should be avoided per the code. We do not know where they will be placing the homes, so we would need a geotech analysis when this is being exceeded. Let 2 pages 7-8 show the steep slopes issues. There is about 1/4 acre in the 100 year flood hazard area. Cemetery is there in that area. Yorkridge Road 18.5-20.8 ft wide. 1185-1498 vpd. Sewer is proposed by DCRSD as they will cooperate- all costs will be at the expense of the owner, developer or others. They have to put homes away from the high tension lines and the steep slopes. Need an acknowledgment that mobile homes will not be considered. BZA would review other possible items. Listerman did check site distances at the 45 mph speed limit on SR1. He also checked the intersection with Yorkridge and North Dearborn its OK at 30 mph. Disclaimer that people don’t drive that speed often. 13 public comments received. 22 letters mailed out. 

McCormack showed pictures of the land and the entrances that exist now. He had a slide of the existing issues. Public sewer is needed. They also want a new legal description of the land. 

Hawley asked about the mobile home commitment. McCormack said that they would need to get that in writing. Thatcher asked about a traffic study as he said the commissioners do not have the expertise that the PC has in its members.Lehman asked about street grades allowed.  Max street grade is 11% at 40 mph with 22 ft of pavement in the ordinance. Panhandles can have a 15% private street grade. Ullrich said they are all in agreement that the traffic needs to be done.The sewage needs to be done. Who are the “others” who will be providing or helping pay for this. Three options- go to Lawrenceburg, go to Greendale, or package plant. 

Almost all the utility and infrastructure letters say they will work with it but the developer has to pay for it.The Miller York Fire Dept had several good questions in their letter about the development and the water supply etc. Lehman asked if we can require those items for a rezone- YES with this large amount of development. Greendale sewer and water comes up around Salt Fork and Lawrenceburg has it to Perfects. 

Bales from Herzo Engineering presented for the applicant. He said that geotech and traffic studies will be done. Currently water n Yorkridge. Committed to 100 units. Slopes and the power lines use up a lot of the land that is unsuited for development. 

Sewer studied for DCRSD and tehy had the 3 options. Sewer district can negotiate with the cities for sewer. 100 ft ROW on power lines. Takes about a year to do permitting and engineering At least a nine month construction to get to the first home building. He thinks the county has a housing issue for affordable homes. 

Thatcher said if it were not developed in 5 years he’d like to see it revert back to Ag. 

PUBLIC DISCUSSION:

Amanda Vinup Noel- Washington St in Guilford. What will these homes sell for? (affordable homes?) P 148 DC Comp Plan- shows the grading and all the valleys. This is a 30% grade. School district letter- public schools do not turn down students. They do not have enough bus drivers right now. They have enough room- but perhaps not enough busses. 471 dwellings in York Township. She asked what a written commitment is? It’s like a contract signed by the developer, Plan Commissioner, and Commissioners and recorded  in Recorder’s Office. These stay with the property even when sold. She said this is not a not in my backyard issue- it’s a safety issue. There is brush and there are visibility problems. She said average pay is $9/hr- so they should have homes for people who live here- not people in Cincinnati to move here. 

Jim Gowdy- What impact will this have on our property taxes in York Township? McCormack said Fiscal Impact model updated for our data. We can run scenarios for whether it will have  net benefit for the county. Need home prices and number of units. Trying to schedule something with OKI to do this in May maybe sometime. Assessors office uses the state’s formula. This generally has an impact on the value of your property. 

Peter Lewis -  This sewer proposal is a joke. Can’t have a plant in the middle of the subdivision. Have to be looking at G-dale or L-bg. There are too many unknowns here. We shouldn’t do anything without knowing more. 

Milton Bridges- Lives south of the property. Runoff from that goes right behind my house and straight to Tanners Creek. Anything they do up there will be running into Tanners Creek. I don’t lie the traffic for the area going down to Collier Ridge area. Bonnell is falling into the creek. The others refers to us- the sewer will have to charge people more. The water companies have to charge more. Schools. I moved out to a rural area. I don’t want the traffic. The new people might not like the way we live here. Will they try to limit us. Do we need that growth. Are we going to hurt these people here for a profit for people living in Utah. It is about the people that live in Dearborn County. I’d like to know who the secret partners are. Are we doing it for them or the 471 people in York Township .

Thatcher and Beiersdorfer noted pig farms win- due to right to farm laws.

Greg Callahan - Chief of Miler York FD- asked if Lawrenceburg EMS has been notified about this? (His letter for FD and EMS has other good questions regarding water line size and hydrants-  in the packet for PC members)

TJ- referenced comp plan- Future land use. Purdue- showed for every $1 cost it’s $1.18 and for ag its $0.21. It is not recommended to convert Ag to R to balance budgets. Comp plan- put development where there is infrastructure. Sunman FD will also be strained by this. Quality of life is important. Historic sites- the Covered Bridge - will be affected by turn lanes from SR 1 and Yorkridge. Significance of preserving Ag land. They can bring speakers in on this too.  He does not support this proposal.

 Beiersdorfer  said Farm Bureau is represented on this board by himself. Doesn’t like to see so many mini ranches. Broken up enough that it can’t be farmed.

David Escue sp?- Said the people want them- the board- to be their voice and help them preserve what they have.

Ullrich commented the group for their decorum and respect for each other.

Beiersdorfer- grew up in this area and hunted 'coons on that farm.

Amanda Vinup Noel- wanted to know what the developer was willing to pay for- including paying for the sewer hookup for Guilford residents who could lose their homes, that are worth little more than the sewer hook up fees.

TJ - showed the population actually is decreasing in the county. Young group out of county and over people needing assisted living. What days do they have for the need

Rick Lonneman- how does the Railroad figure into all of this? Board said they were notified.

Vicki Stephens and husband Terry- live by the cemetery. Loren Huddleston said he’d never fence it and she is now concerned that it is sold - now what happens? 

Kevin Wilson- what about stormwater. The park floods 2-3 times a year. Kraus said they address run-off at development stage. 

Josh Jackson-new to the area- bought the old stone home. It’s a historic home- registered. How do you think 186 acres should be R when all around it is Ag?

Jim Gowdy- wants the traffic study now also.

Brad Hutchins- Left Bright 18 years ago to get away from the traffic etc. 

Amanda Vinup Noel- have over 350-400 signatures against this project. Please Table this project

Doug Ziegler-  safety is a big concern. 500 miles of roads in DC and we cannot take care of it now. He works for HWY Dept and he drives all the roads in DC. 

Letter passed out to board from audience regarding Fox Rd and not being resurfaced.  

PUBLIC DISCUSSION CLOSED

Kendall Bales from Hrezo- $ market target over $200,000. Like Woodridge Subdivision. He really doesn't know the price. To do smaller lots- needs a rezone. Greenspace will go to POA for land that cannot be developed. Traffic concerns will get recommendations for fixes and investors will pay. If the investors don’t fulfill those- then it doesn’t go. Lang asked extensive questions about sewer-reply was the developers will do sewer at their cost. [NOTE: These have to be expensive houses and land prices if Blind Hunting Club LLC has to upgrade all this infrastructure at their expense.]

One Dearborn is Bales's source for why Dearborn County needs more housing. And what is One Dearborn's source? 

Lehman- we need more than we are meeting the goals of the comp plan other than - "we just are." There is just not enough in the findings of fact to satisfy the state's criteria on the goals for zone change. We all have to rewrite findings of fact depending on how we go on this. 

Lang- said there are a long list of questions out there without real answers from the developer. 

Hoog- says - that is a rural area. He does not think it’s the most desirable use for the area. Will it conserve property value- that depends. IF sewer was there and water etc it might be responsible - but it's not there. I consider it rural. 

Thatcher- we should do traffic study and due diligence on that. We should table this to get those studies- so we can make an informed decision. 

Beiersdorfer -Motion to table and 2nd by Ullrich- TABLE for items needed before they come back: Sewer priorities, traffic study, comp plan and findings of fact, target market, (as Woodridge home sold was about $350K actually when board members looked online at the meeting), EMS providers, etc. All ayes to Table for the above information to be brought back.

This probably will not happen until at least June 25 at the earliest.

I left at this point:

11 PM

 ADMINISTRATIVE:

 Zoning and Subdivision Ordinance changes 

Comprehensive Plan Update

Meeting adjourned at ???

Christine Brauer Mueller

Lawrenceburg Township

Agenda and Packet for April 23 DC Plan Commission Meeting

Agenda and Packet for April 23 DC Plan Commission Meeting

http://www.dearborncounty.org/egov/documents/1524240682_67403.pdf

Health Board Meeting April 26th

Dearborn County Health Board Meeting Thursday April 26th at 7:30 PM 
Henry Dearborn Room - County Annex Building

Proposed Guilford Subdivision - Register Publications Articles

Proposed Guilford Subdivision - Register Publications Articles

Register Thursday April 19 edition covers the proposed subdivision on less than half the total land acreage owned by Blind Hunting Club LLC in Guilford. 
The hearing is set for April 23rd at The Dearborn County Plan Commission Meeting. 
The second article covers the alleged connection between the Lawrenceburg Municipal Utility Director, Olin Clawson, and the Blind Hunting Club LLC members.
Click below for the articles on the Register Publications Site.

https://www.thedcregister.com/news-latest/proposed-guilford-subdivision-rattles-residents

17 APRIL 2018 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

17 APRIL 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

Also present for the MPGI vs SDRSD Ordinance item- Mayors of Lawrenceburg (Mollaun) and Aurora (Hastings), LMU Utility Director Olin Clawson, Greendale City Engineer Steve Lampert, and Guinevere Emery, Aurora City Manager. 

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

OLD BUSINESS:

Appeal filed by MGPI, LLC objecting to SDRSD (South Dearborn Regional Sewer District) Ordinance 2018-01- Thatcher said they both made compelling arguments , but they approved SDRSD’s ordinance.

NEW BUSINESS:

Donation of 2 parcels of land to Dearborn County- Garden Meadows Estates Lot 12 and Picnic Woods Lot 63-  Jeff Tucker was present to answer questions. Baudendistel prepared an offer to donate property to finalize the deal. There was question about last years property taxes or about $120 total. Those taxes will be paid by Mrs.Tucker. These properties were two that Listerman wanted for the county. Commissioners approved the offer and signed it. 

Owner occupied rehab grant application - Kerry McConnell, SIRPC (South Indiana Regional Planning Commission) - Ms.Jackson came in Kerry’s place. She presented some material for the commissioners. Lifetime Housing Group contacted them last year and told them they were no longer going to do this program in Dearborn County. Roof, gutters, windows, electric. 20% to elderly, disabled, and with young kids. $350,000 grant and it would be for 14 homes. No match required. There are 17 applicants in the county at this time. She discussed some other options for Indiana Housing Applications which would require a match. She would have to go to the Council for the match option. No more liens are required with this program. If applicant has received assistance- they can’t apply again for 3 years. There are income limits and they have to have insurance and paid proper taxes. It is possible to restrict it to just unincorporated county. Applicants get interviewed to select the 14. They can do public announcements to generate interest if they don’t fill the 14 applicants from current requests. She also needed their approval to do a press release on the $350,000 grant when they file for it. SIRPC administers the grant. The county does not pay anything out in advance- the state wires the money when it gets approved and the auditor disburses it within 5 days. Commissioners approved the grant application for the block grant. She also will go to Council. 

Mark McCormack, Planning and Zoning Director:

Zone Map Amendment and Ordinance reining Parcel located in Logan Township- 11.02 acres of land in Section 29,

Township 7, Range 1 of Logan Township, off Raiders Ridge Drive (near General Dr. and Steele Rd.). Maxwell Development, Inc. is seeking to rezone the affected portion of the property from an Agricultural (A) Zoning District to a Residential (R) Zoning District (to allow for a total of 11 new single-family building sites on the affected rezone area—and a total of 13 single-family building sites on the entire 36+ acre parent parcel). This is an extension of the Morgan’s Ridge Subdivision. McCormack gave them the written commitments. For detailed info see the March 2018 Plan Commission notes on this blog. The lots on the edges extend into the AG property area. They just don’t need to rezone the steep slopes. She question about securing the pond from the roadway on one section. He mentioned the adjoining property owner who wanted more access in addition to what they had already been given on a private road. The traffic study was for 182 units and they are doing about 100 less homes total on this entire project. No public wished to speak. Commissioners approved the rezone of 11.02 acres and signed the ordinance noting the criteria for a zone change as read by Baudendistel. 

Interlocal Agreement with West Harrison and Dearborn County- McCormack presented the agreement to Commissioners and that that they will be updating their Comprehensive Plan from the 1980s or earlier. The town has approved the agreement as did the Plan Commission. This is very similar to the St. Leon Agreement. 90 day notice to terminate. Annual but automatically renewing unless terminated. The towns pay local attorneys if they are needed for enforcement- not the county attorney. Each community has a dedicated computer in the PZ Office. Commissioners approved the agreement. 

McCormack will present the updated Comp Plan at the April 23rd PC Meeting along with a couple cases.

ADMINISTRATOR – Sue Hayden- nothing

AUDITOR – Connie Fromhold  -Claims/Minutes from April 3rd meeting and April 10th special meeting from DCRSD meeting approved. 

ATTORNEY – Andy Baudendistel- dog incident April 1 Dillsboro townhouses. Bit deputy in sheriff’s office. Court date set. Owner filed an appeal of the vicious dog status. May 1st at 10AM after Commissioners morning meeting for that appeal.   

COMMISSIONER COMMENTS: Thatcher asked about the House issue with Building Dept. Baudendistel said - email stated that Friday April 20th will have the itemized submission ready. 

LATE ARRIVAL INFORMATION- none

PUBLIC COMMENT- none

ADJOURN- 6:02 PM

Christine Brauer Mueller

Lawrenceburg Township

AGENDA April 17 DC Commissioners Meeting

AGENDA

DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING

 April 17, 2018 

5:00 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

Appeal filed by MGPI, LLC objecting to SDRSD Ordinance 2018-01

V. NEW BUSINESS

1.  Donation of 2 Parcels to Dearborn County – Jeff Tucker

2.  Owner Occupied Rehabilitation Grant Application – Kerry McConnell, SIRPC

3.  Mark McCormack, Director of Planning & Zoning

       1.  Zone Map Amendment and Ordinance Rezoning Parcel Located in Logan Township     2.  Interlocal Government Agreement w/Town of West Harrison and Dearborn County

VI. ADMINISTRATOR – Sue Hayden

VII. AUDITOR – Connie Fromhold

1.  Claims/Minutes

VIII. ATTORNEY – Andy Baudendistel

IX. COMMISSIONER COMMENTS

X. LATE ARRIVAL INFORMATION

XI. PUBLIC COMMENT

XII. ADJOURN

Agenda April 12 DC Redevelopment Commission Meeting 8:30 AM

 AGENDA

DEARBORN COUNTY REDEVELOPMENT COMMISSIONS MEETING

April 12, 2018

8:30 a.m., 1^st Floor Henry Dearborn Room

Dearborn County Government Center

165 Mary Street, Lawrenceburg, Indiana

1. Call to order

1. Title VI Statement for Compliance

1. Approval of Minutes

March 8, 2018 Meeting

1. Claims & Financials

1.  TIF Fund Claims 

2.  General Fund Claim - NONE

3.  Financials 

1. Unfinished Business

1.  Aurora Industrial Sign Updates

2.  Billboard Updates

1. New Business

1. One Dearborn Report

1. Attorney’s Report

1. Other Business

1. Adjournment

Thank You Tim from Indiana Department of Transportation

Thank You Tim from Indiana Department of Transportation

 by Leo Morris

There might be something more terrifying for a wheezy old man than sitting in a compact with a flat tire on the shoulder of I-465 in Indianapolis, watching nervously in the driver’s side mirror at three lanes of cars and trucks whizzing by at 70 miles an hour, but offhand I can’t imagine what.

Staring into the muzzle of a .45 perhaps, being held by a crack addict three days from a fix. I’ll have to think about it.

I had something clever and timely in mind for this week’s column, maybe a take on the state’s tightening of the therapy-animal rules, or Republicans’ failure to expand absentee-voting opportunities. My usual practice, on the weekends when I visit my sister in Indianapolis, is to let the topics marinate on the drive home to Fort Wayne on Sunday. By the time I arrive, I have settled on a subject and know pretty much what I want to say, so I can sit at the kitchen table with my laptop, a bluegrass station playing on my Amazon Echo, and start typing.

But this time, Real Life intervened in the form of a bone-rattling pothole that dropped out of the sky right in front of my speeding car. So, thank you very much to the governments of the city of Indianapolis and the state of Indiana, which are able to find millions of dollars for every frivolous whim in every lobbyist’s empty head but can’t handle something as basic as keeping the roads in good repair.

On the other hand, a big thank you— sincerely, not facetiously — to Tim of the Indiana Department of Transportation, who rescued me from a long afternoon of misery and, considering the way people drive these days, may even have saved my life.

He’s the one who showed up in his big truck after I told the lady at the Mazda Roadside Assistance desk that, yes, indeed, I would like some emergency assistance before the tow truck arrived. With a police car sitting behind me, I reasoned, the odds would be reduced that my car would be the one clipped by a Sunday afternoon drunk.

But Tim is who showed up. And since his truck would serve even better than a police car for running interference, I would have been quite happy with him sitting behind me in his big INDOT truck. But when I told him it would be 45 minutes before the tow truck arrived, he said he could replace the tire with the temporary spare and have me on my way in 15 minutes.

It was the best deal I’d heard in quite some time, so I took him up on it, and thanked the universe for a timely reminder.
Those of us who try to wrestle profound truths out of life’s complicated issues need to remember that there are real people in there trying to make their way the best they can, just like we are.

We might have an issue with the bureaucracies that fail our infrastructure needs, but we can’t forget to thank the Tims of the world who have to work within the bureaucracy and are still able to get us back on the road.

We might have legitimate points to make about the effects of fatherless homes on all our social ills, but that doesn’t give us license to slight the heroic single mothers doing the best they can.

We might be justified in bitter complaints about the incompetent way the latest war is being waged, or even the very need for the war, but not in taking it out on the soldiers who must fight it.

We might feel profound anger that half the country just doesn’t understand what a jerk Donald Trump is or how evil Hillary Clinton was, but for heaven’s sake let’s not change the locks on the door because our relatives voted for the wrong person.

There’s a song called “Nothing More” I heard recently that was written by Eric Donnely and Tim Warren and performed by Lily Costner and the Alternate Routes. It’s admittedly a little naïve the way songs often are, even sappy, the cynic in me might say, but some of its words are worth contemplating the next time you’re stuck on the side of the road:

And heroes don’t look like they used to
They look like you do
We are love, we are one,
We are how we treat each other when the day is done
We are peace, we are war,
We are how we treat each other and nothing more.

Leo Morris, columnist for The Indiana Policy Review, is this year’s winner of the Hoosier Press Association’s award for Best Editorial Writer. Morris, as opinion editor of the Fort Wayne News-Sentinel, was named a finalist in editorial writing by the Pulitzer Prize committee. Contact him atleoedits@yahoo.com.
 

UPDATED Fly Ash Ordinance Passed by Commissioners April 3, 2018

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.  Concrete which has been created utilizing coal ash shall not be considered COAL ASH for the purposes of this Ordinance.

FILL MATERIAL means material used to fill in a depression or hole in the ground or create mounds or otherwise artificially change the grade or elevation of real property.

    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 usage as fill material 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 LAWS

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 by 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 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.