The local Republican party elected Allen Goodman as their new Chairman tonight.
Goodman was the only person to be nominated.
He replaces Gary Morris who died earlier this month after losing his battle against cancer.
Tuesday, December 29, 2009
Tuesday, December 22, 2009
21 December 2009 Dearborn County Plan Commission Meeting Notes
21 December 2009 Dearborn County Plan Commission Meeting Notes
Present: Hall, Chairman, Kraus, Jr, Lansing, Hoog, Lehman, Hornbach, Nelson, Thompson, and Beiersdorfer ( 20 minutes late)
Also present: McCormack, Plan Director, and McGill, Attorney.
1. Primary approval was requested for a 5-lot replat of lot 175 of the Villages of Sugar Ridge with applicant Land Consultants and Owner McFarland Properties on Augusta Drive in Section 13 of Miller Township on 0.8264 acres. Land is currently zoned as a PUD. The Bright Fire Dept letter has been received and the item came off the table. Discussion briefly reiterated concerns they might use up the extra 3 lots for the entire PUD in sewer taps. McCormack said build out wasn’t near that level yet. Concerns about Augusta Drive needing a top coat and a few minor repairs to be up to county standards were voiced. Costs were estimated in the $130-150,000 range for that work. County does not want taxpayers to end up with that tab as the developer went bankrupt and bonds are lapsed. Each mile of road on county inventory gets $4,000 tax money per year and it will take 100 years to get road money to fix all out roads.
Nelson motioned and Kraus Jr 2nded to approve with Hoog and Thompson voting Nay, Motion passed- replat is approved.
NELSON requested that the PC meet to discuss Sugar Ridge- all concurred. This was set for the January meeting, unless something bigger comes up. They want all residents of Sugar Ridge and Developers there to have access to the discussion.
2. Request for Primary Approval for a 19-lot subdivision called Havencrest with applicant Bayer Becker and owner Larry Rutenschroer on Georgetown Road in Miller Township Section 15 on 11.53 acres. The Land is zoned Residential and surrounded by other residential uses, including HVL. This plat is part of the larger Airy Acres from 1976. Entrance is on Georgetown and homes planned in the $180-280,000 range. Three issues- water service, some slopes > 20% and sidewalk waiver request- as adjoining areas have none for connection. There were about 30 members of the public present for this- none spoke, as it did not get that far. McGill stepped in and told the board there was no way they could approve this tonight, as there is no water service letter in the packet. They could Table it to save the developer a reapplication fee or they could deny it. The developer (Rutenschroer) spoke about his plans and costs including $76,570 development fee, $12,920 VRUC fee and $63,650 Greendale fees. No records found of what this was to be in the original plat. This has been waiting since spring for water letters. Greendale is forwarding them to North Dearborn Water- as Greendale BOW does NOT want to revisit their agreement with VRUC.
PC voted to TABLE this request.
ADMINISTRATIVE:
1. 2010 schedule approved
2. Bond status reports passed out
3. Commissioners were all present for the discussion of the issue regarding L&I Construction under Maxwell’s development plan for Park Place. Three homes were without sidewalks and the certif. of occupancies were issued already. L&I failed to respond so stronger wording was used in a letter to them and there was objection to the word moratorium. It was decided by McCormack and the Board to set up a protocol for dealing with recalcitrant developers and builders, when they fail to comply with the plan stipulations for approval. Both Maxwell and eventually L&I complied. Maxwell had legal responsibility and contracted with L&I, who failed to fulfill that particular part of the obligation. Things were amicably settled without going to court and costing taxpayer money. Lehman noted that the cert of occupancy is the hammer really- so building dept and PC have to be together on expectations.
4. Sugar Ridge will be put on Jan agenda as noted previously in this meeting.
5. Comp Plan Advisory Board will meet in Feb sometime to review the Comprehensive Plan.
6. The motion on Linkmeyer approval was clarified for people asking about what area would remain undisturbed.
7. McCormack and the board wished each other Merry Christmas as Good wishes for the New Year.
Meeting adjourned at 9:20 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Hall, Chairman, Kraus, Jr, Lansing, Hoog, Lehman, Hornbach, Nelson, Thompson, and Beiersdorfer ( 20 minutes late)
Also present: McCormack, Plan Director, and McGill, Attorney.
1. Primary approval was requested for a 5-lot replat of lot 175 of the Villages of Sugar Ridge with applicant Land Consultants and Owner McFarland Properties on Augusta Drive in Section 13 of Miller Township on 0.8264 acres. Land is currently zoned as a PUD. The Bright Fire Dept letter has been received and the item came off the table. Discussion briefly reiterated concerns they might use up the extra 3 lots for the entire PUD in sewer taps. McCormack said build out wasn’t near that level yet. Concerns about Augusta Drive needing a top coat and a few minor repairs to be up to county standards were voiced. Costs were estimated in the $130-150,000 range for that work. County does not want taxpayers to end up with that tab as the developer went bankrupt and bonds are lapsed. Each mile of road on county inventory gets $4,000 tax money per year and it will take 100 years to get road money to fix all out roads.
Nelson motioned and Kraus Jr 2nded to approve with Hoog and Thompson voting Nay, Motion passed- replat is approved.
NELSON requested that the PC meet to discuss Sugar Ridge- all concurred. This was set for the January meeting, unless something bigger comes up. They want all residents of Sugar Ridge and Developers there to have access to the discussion.
2. Request for Primary Approval for a 19-lot subdivision called Havencrest with applicant Bayer Becker and owner Larry Rutenschroer on Georgetown Road in Miller Township Section 15 on 11.53 acres. The Land is zoned Residential and surrounded by other residential uses, including HVL. This plat is part of the larger Airy Acres from 1976. Entrance is on Georgetown and homes planned in the $180-280,000 range. Three issues- water service, some slopes > 20% and sidewalk waiver request- as adjoining areas have none for connection. There were about 30 members of the public present for this- none spoke, as it did not get that far. McGill stepped in and told the board there was no way they could approve this tonight, as there is no water service letter in the packet. They could Table it to save the developer a reapplication fee or they could deny it. The developer (Rutenschroer) spoke about his plans and costs including $76,570 development fee, $12,920 VRUC fee and $63,650 Greendale fees. No records found of what this was to be in the original plat. This has been waiting since spring for water letters. Greendale is forwarding them to North Dearborn Water- as Greendale BOW does NOT want to revisit their agreement with VRUC.
PC voted to TABLE this request.
ADMINISTRATIVE:
1. 2010 schedule approved
2. Bond status reports passed out
3. Commissioners were all present for the discussion of the issue regarding L&I Construction under Maxwell’s development plan for Park Place. Three homes were without sidewalks and the certif. of occupancies were issued already. L&I failed to respond so stronger wording was used in a letter to them and there was objection to the word moratorium. It was decided by McCormack and the Board to set up a protocol for dealing with recalcitrant developers and builders, when they fail to comply with the plan stipulations for approval. Both Maxwell and eventually L&I complied. Maxwell had legal responsibility and contracted with L&I, who failed to fulfill that particular part of the obligation. Things were amicably settled without going to court and costing taxpayer money. Lehman noted that the cert of occupancy is the hammer really- so building dept and PC have to be together on expectations.
4. Sugar Ridge will be put on Jan agenda as noted previously in this meeting.
5. Comp Plan Advisory Board will meet in Feb sometime to review the Comprehensive Plan.
6. The motion on Linkmeyer approval was clarified for people asking about what area would remain undisturbed.
7. McCormack and the board wished each other Merry Christmas as Good wishes for the New Year.
Meeting adjourned at 9:20 PM
Christine Brauer Mueller
Lawrenceburg Township
REPUBLICAN CAUCUS SET TO ELECT NEW PARTY CHAIRMAN
The Dearborn County GOP has called a caucus for Dec 29 at 6 PM in the County Adm Bldg. to fill the position of Republican Party Chairman.
Anyone wishing to be considered for the position has to file an official letter of intent with the party secretary- Michelle Fentress- within 72 hours of the caucus.
One minute nomination speeches are allowed and after nominations are closed each candidate gets two minutes to address the caucus. Election is by secret ballot.
Anyone wishing to be considered for the position has to file an official letter of intent with the party secretary- Michelle Fentress- within 72 hours of the caucus.
One minute nomination speeches are allowed and after nominations are closed each candidate gets two minutes to address the caucus. Election is by secret ballot.
Health Care Reform by Chet Wolgamot Manchester Township
With all due respect for Lee Hamilton’s distinguished service to the people of Indiana, if the Democratic display of deceit currently being railroaded through Congress is “What it looks like when Congress does it’s job”, we are in dire straits indeed. We have been blatantly lied to since day one.
“A deficit neutral bill” (taxes for ten years, benefits for six). “Fix Medicare” (proven politically impossible for decades). “No new individual taxes” (tax the insurance companies who must pass on a comparable rate increases). “Cost effective and deficit neutral” (direct the Congressional Budget Office (CBO) to tally only the revenue collected, hide the costs elsewhere). “No benefits for illegal aliens” (but you may not ask for proof of citizenship), et cetera.
After Rep. Joe Wilson R(SC) proclaimed “You lie” at President Obama during his September 9th address to Congress, I wasn’t sure if he was chastised for violating protocol or having the audacity to utter a true statement in the U.S. Capitol.
And then there’s Kathleen Sebelius of Health and Human Services (HHS) scrambling to put the genie back in the bottle after some obscure government office gives us a glimpse of the “ghost of future government health care”. Mammograms before age 50 are unnecessary, when 12 diagnoses and 7 deaths out of every 100 occurrences of breast cancer manifests in women under age 45? Evidently, the mammograms save lives but not enough to be cost effective. HHS’s other reassuring contribution this year has been the long lines at vaccination sites and shortage of H1N1 vaccine.
In a recent N.Y. Times piece1, liberal columnist David Brooks admitted the sideshow of arguing minutiae pervading the halls of Congress is a distraction and the only true question of the legislation is, do we choose to “ease the anxiety of millions at the cost of future growth” with a bill that “would mean that more of the nation’s wealth would be siphoned off from productive uses and shifted into a still wasteful health care system”. This from a liberal!
The “millions” referred to are a combination of those situationally vulnerable who honestly deserve real health care reform and others who find entitlement an attractive alternative to responsibility, a community proven to grow in proportion to any new entitlement availability.
40% of American’s pay absolutely no income tax, some even receiving credits, and constitute a group of some 60 million voters who therefore have no incentive to pass up expensive new benefits or elect those who offer them2. So, from whom will the “nations wealth” be “siphoned off” to subsidize this Democratic Party recruitment drive of our most vulnerable Americans?
The other 60% of us are already keeping the government afloat by adding the tax responsibility of the above mentioned 40% to our own tax burden each year. Now we will be faced with absorbing this additional health care burden with even higher taxes and health insurance premiums.
Another alternative is to reduce the quality of health care now enjoyed by some to provide lesser quality health care in the future for all, exempting Senators and Congressmen of course. Yesterday, Dec. 5th, the Democrat’s passed legislation to cut $400 billion from current Medicare, reducing benefits to seniors on Medicare Advantage Plans. Add this to the mammogram bullet dodged only because it was prematurely announced and you get an idea where the concepts of “death panels” and “rationing” gain momentum.
The other option to make the current level of health care available to everyone without shouldering the additional cost is to add it to the national debt. The downside is that it makes entitlement recipients of all of us at the expense of future generations. Slap it on Uncle Sam’s “Americard” and we have yet one more free lunch. Out of sight, out of mind. Gee kid’s, would you mind picking up the tab for this one too?
However, other countries are tiring of enabling our endemic spending addiction by buying our debt with their wealth. China, for one, is openly questioning whether the U.S. Dollar is sound enough to continue to be the benchmark of the world’s wealth. They have some first hand experience as our children already owe them $797 billion. Congress can raise the federal debt ceiling all they want, but each time fewer and fewer continue to feel “the full faith and credit of the United States Government” is worthy of investment.
The Republican’s minority status renders them powerless to stop this juggernaut. The only salvation is for even a few moderate, sensible Democrats to disown this debacle and force a re-engagement in new sensible legislation that enacts real necessary reform and doesn’t merely expand the entitlement society. Our own two representatives, Senator Evan Bayh and Representative Baron Hill are in the catbird seat as they both have the power to tip the scales with their votes. Pray to God they have the wisdom and fortitude to do so.
Chet Wolgamot
Manchester Township
1 “The Values Question”, N.Y. Times, Nov. 23, 2009
2 “Politifact”, http://www.politifact.com/truth-o-meter/statements/228/
“A deficit neutral bill” (taxes for ten years, benefits for six). “Fix Medicare” (proven politically impossible for decades). “No new individual taxes” (tax the insurance companies who must pass on a comparable rate increases). “Cost effective and deficit neutral” (direct the Congressional Budget Office (CBO) to tally only the revenue collected, hide the costs elsewhere). “No benefits for illegal aliens” (but you may not ask for proof of citizenship), et cetera.
After Rep. Joe Wilson R(SC) proclaimed “You lie” at President Obama during his September 9th address to Congress, I wasn’t sure if he was chastised for violating protocol or having the audacity to utter a true statement in the U.S. Capitol.
And then there’s Kathleen Sebelius of Health and Human Services (HHS) scrambling to put the genie back in the bottle after some obscure government office gives us a glimpse of the “ghost of future government health care”. Mammograms before age 50 are unnecessary, when 12 diagnoses and 7 deaths out of every 100 occurrences of breast cancer manifests in women under age 45? Evidently, the mammograms save lives but not enough to be cost effective. HHS’s other reassuring contribution this year has been the long lines at vaccination sites and shortage of H1N1 vaccine.
In a recent N.Y. Times piece1, liberal columnist David Brooks admitted the sideshow of arguing minutiae pervading the halls of Congress is a distraction and the only true question of the legislation is, do we choose to “ease the anxiety of millions at the cost of future growth” with a bill that “would mean that more of the nation’s wealth would be siphoned off from productive uses and shifted into a still wasteful health care system”. This from a liberal!
The “millions” referred to are a combination of those situationally vulnerable who honestly deserve real health care reform and others who find entitlement an attractive alternative to responsibility, a community proven to grow in proportion to any new entitlement availability.
40% of American’s pay absolutely no income tax, some even receiving credits, and constitute a group of some 60 million voters who therefore have no incentive to pass up expensive new benefits or elect those who offer them2. So, from whom will the “nations wealth” be “siphoned off” to subsidize this Democratic Party recruitment drive of our most vulnerable Americans?
The other 60% of us are already keeping the government afloat by adding the tax responsibility of the above mentioned 40% to our own tax burden each year. Now we will be faced with absorbing this additional health care burden with even higher taxes and health insurance premiums.
Another alternative is to reduce the quality of health care now enjoyed by some to provide lesser quality health care in the future for all, exempting Senators and Congressmen of course. Yesterday, Dec. 5th, the Democrat’s passed legislation to cut $400 billion from current Medicare, reducing benefits to seniors on Medicare Advantage Plans. Add this to the mammogram bullet dodged only because it was prematurely announced and you get an idea where the concepts of “death panels” and “rationing” gain momentum.
The other option to make the current level of health care available to everyone without shouldering the additional cost is to add it to the national debt. The downside is that it makes entitlement recipients of all of us at the expense of future generations. Slap it on Uncle Sam’s “Americard” and we have yet one more free lunch. Out of sight, out of mind. Gee kid’s, would you mind picking up the tab for this one too?
However, other countries are tiring of enabling our endemic spending addiction by buying our debt with their wealth. China, for one, is openly questioning whether the U.S. Dollar is sound enough to continue to be the benchmark of the world’s wealth. They have some first hand experience as our children already owe them $797 billion. Congress can raise the federal debt ceiling all they want, but each time fewer and fewer continue to feel “the full faith and credit of the United States Government” is worthy of investment.
The Republican’s minority status renders them powerless to stop this juggernaut. The only salvation is for even a few moderate, sensible Democrats to disown this debacle and force a re-engagement in new sensible legislation that enacts real necessary reform and doesn’t merely expand the entitlement society. Our own two representatives, Senator Evan Bayh and Representative Baron Hill are in the catbird seat as they both have the power to tip the scales with their votes. Pray to God they have the wisdom and fortitude to do so.
Chet Wolgamot
Manchester Township
1 “The Values Question”, N.Y. Times, Nov. 23, 2009
2 “Politifact”, http://www.politifact.com/truth-o-meter/statements/228/
Monday, December 21, 2009
WANT TO SERVE ON A COUNTY BOARD?
Boards up for reappointment in Dearborn County:
Plan Commission- one member- 4 years [currently Mike Hall]
BZA one appointed by council and one by commissioners- 4 years [currently Jim Deaton and Rick Pope]
Health Board- 2 openings- 4 years [currently Steve Hubbard and Don Rechtin]
Aurora Public Library- 2 appointed by commissioners and one by council- 4 years [currently Roger Rullman, Trina Hetzler, and Ralph Droege]
Cemetery Board- one member- 5 years [currently Lois Harper]
Hospital Board- 2 members – 5 years (one in Jan, one in Mar) [currently Betty Bischoff and Carl Petty]
Alcoholic Beverage Board- one member- 1 year [currently Jim Dole]
911 Communications Board- one member needs commissioner acknowledgement- Fire Dept appoints. [currently Randy Abner]
Convention and Visitor’s Bureau- 5 members- 2 years [currently Ahmad Ahmad, Marilyn Bower, Dee Hacker, Steve Hedges, and Ellen Perfect]
PTABOA (Tax Appeals)- 3 by Commissioners, 2 by Council- 1 year [currently Bill Hartwell, Mark Neff, Ken Maddin, Mary Booker, and Gary Hensley]
Plan Commission- one member- 4 years [currently Mike Hall]
BZA one appointed by council and one by commissioners- 4 years [currently Jim Deaton and Rick Pope]
Health Board- 2 openings- 4 years [currently Steve Hubbard and Don Rechtin]
Aurora Public Library- 2 appointed by commissioners and one by council- 4 years [currently Roger Rullman, Trina Hetzler, and Ralph Droege]
Cemetery Board- one member- 5 years [currently Lois Harper]
Hospital Board- 2 members – 5 years (one in Jan, one in Mar) [currently Betty Bischoff and Carl Petty]
Alcoholic Beverage Board- one member- 1 year [currently Jim Dole]
911 Communications Board- one member needs commissioner acknowledgement- Fire Dept appoints. [currently Randy Abner]
Convention and Visitor’s Bureau- 5 members- 2 years [currently Ahmad Ahmad, Marilyn Bower, Dee Hacker, Steve Hedges, and Ellen Perfect]
PTABOA (Tax Appeals)- 3 by Commissioners, 2 by Council- 1 year [currently Bill Hartwell, Mark Neff, Ken Maddin, Mary Booker, and Gary Hensley]
Wednesday, December 16, 2009
15 December 2009 Dearborn County Commissioner Meeting Notes
15 December 2009 Dearborn County Commissioner Meeting Notes
Present: Thompson, President, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
OLD BUSINESS:
1. Hogan Water Corp – removed from tabled list – they have not recontacted the county.
2. East Fork Road- removed from tabled list- all notified of INDOT’s stance on the intersection at SR1.
3. Happy Hollow remains tabled until January.
4. Assessor’s contract signed with Tyler Appraisal and Tax Solutions after Witte had reviewed and corrected it.
NEW BUSINESS:
1. Sheriff Lusby sent the matron- Tammy Wismann- to request keeping all bids for the commissary. Approved.
2. Mike Rozow- Chamber of Commerce had the annual contract signed. Hughes asked about Maynard Barrett’s absence at the Chamber’s meeting and Rozow stated he was in the hospital.
3. Ruth Ann Batta- Summer Arts Program- was not present- no decision.
4. Bob Hrezo Engineering- presented information on the Shumway building as part of the Justice Center project. He said they have experience with the building under previous owners. He also told Commissioners it is a solid building and does not need to be torn down despite a couple issues. He stressed that his company was local and wanted locals to get the business. Thompson noted that RQAW is doing the analysis of the building “free” with the charette price set up by Council. No decision.
5. Mark McCormack- Plan Director presented the zone change for the land behind Walmart and above Wilson Creek owned by Linkmeyer and Dearborn Development. Nick Roth was the only public speaking at the hearing on the zone change. He emphasized the drainage issues below this development, the idea that there are better places to put multifamily than on a steep hillside, and that if Lawrenceburg gets this annexed then the stipulations may or may not be followed. There are 64 units planned on 16 acres. The hurry is because a grant that is only offered annually is due Dec 18. Mike Hall Surveyor- stated he worked on the Wilson Creek issues with Walmart years ago and he has all the permits needed by state and DNR for the current development work.
Nick Roth stressed that the geotech should be done in advance of the zone change in case they say it’s unbuildable. He had shown the hill to his father who was appraiser for Turner Construction. He wanted to know how this was RESPONSIBLE development, does it help Lawrenceburg and the community, and does it conserve property values.
At that- Jason Christopher ( sp?) geotech for the project stated that they needed construction drawings before they commenced geotech borings but that the area laid out is definitely buildable as long as they do it on drill piers. It depends on how much money you want to spend. [ NOTE: This did not sound like a rousing cheer for the project. In fact – if they need a grant to proceed- then why do expensive piers etc?] He went on to talk about gray shale under the clay. Roth said that will deteriorate, as it did behind the strip malls of Anevski’s on US 50. Jason said that was because of the clay washing off in heavy rains before the straw and seed was applied and the clay didn’t have time to mesh with the shale. He suggested putting in structured 8-10 “ lifts with the powdered shale., etc. and stated the retention ponds should help out a lot.
Commissioners decided to rezone with the same conditions addressed BEFORE construction occurs. The motion as outlined by Thompson and placed by Orschell and 2nded by Hughes was: to approve because it loosely adheres to the master plan, it is similar to uses adjacent to it, it is desirable as matching Lawrenceburg development, the construction will be OK if contained and controlled and it extends the development along the fringe of currently developed areas. They waived the reading of the formal ordinance. All ayes- passed.
The Wind Energy Ordinance passed unanimously with little further discussion. [ NOTE: That ordinance will be posted before these notes on the blog.]
McCormack also invited the commissioners to the Dec 21st meeting and advertised that they might all be in attendance. This is to discuss the issues with permits that Hughes brought up last meeting.
6. Reaction PC Maintenance agreement was presented- Commissioners took it to review for Jan meeting. David Wyly recommended they use the flat rate the first year to budget easier and take in all the training at a reduced rate. FX Design is on board with producing a seamless transition to the new website, which will be up by Feb.
7. OKI 2010 agreement signed for $16,495- based on our population numbers.
Todd Listerman- Highway Director- gave a record 6- minute update-
The county accepted all bids for fuel, aggregates, and asphalt to be used at the director’s discretion.
Commissioners signed off on the Old SR 52 project form ICC639 as we were the local project adm ( LPA) on this. INDOT already signed off.
Pickens- Claims and minutes were signed.
Witte- Attorney- reported that 2 tort claims were filed on crashes where the county’s liability is probably zero. The county was also named in 2 mortgage foreclosures.
Commissioners closed on the Randall Avenue property last week.
Witte has talked to Votaw- L-bg’s attorney- the city is willing to transfer the Shumway building, but wants to know what the project will be and will look like before they do.
Witte had an unusual request last week regarding a small filming company that wants to get the requirements for filming here. He stressed to them that they needed to get their lawyer to check all state requirements and any accessory permits needed if they set up food for the crews etc. They want to film part if this at CONCEPTS ( so-called Gentlemen’s Club) in Lawrenceburg. (That brought laughter)
Witte has helped Mike Hornbach at PU Ext Office in Aurora with their bldg lease. The county pays that.
Homeland Security District 9 hired an independent contractor- Tracy Lightfield and Witte revised the contract to reflect the insurance she will carry. Signed.
CBDG- Community Block Dev Grant for Region 15 Children’s Advocacy Center in Dillsboro- Was signed with commissioners hearing also about how the county is responsible for the audits to be sure the money is used for what they are supposed to use it for. County is designating SEIRPC as their auditing agent.
Pickens asked Witte to come back- he had a question for him. Witte joked- Do you want to know how to get a role in the movie? ( laughter)
Pickens replied that it was about auditor’s new job, as the trustees no longer do it, regarding slaughter values of livestock form dog kills or coyotes etc. Witte was approved by commissioners to check into these new laws.
Orschell asked Commissioners if they would consider leasing property on Randall Ave ( to the Animal Shelter) Yes.
He also asked about county coordinator. Thompson said Council is talking about defunding the position for the following year. They don’t want to hire someone and have them lose the job due to funding issues. Waiting till Council meets in 2010 to get that settled.
PUBLIC COMMENT:
Todd Listerman asked if they will have a set date for claims- Cary said yes.
Tim from T-4 Construction asked about the PAWS shelter and the maintenance budget for the building- he had some ideas on energy saving ( perhaps with his windmills) Orschell told him they are still negotiating this building.
Thompson wished everyone a Merry Christmas as this is the last meeting of 2009.
Next meeting is Jan 5 7 PM in Commissioners Room.
Meeting adjourned at 9:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Thompson, President, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
OLD BUSINESS:
1. Hogan Water Corp – removed from tabled list – they have not recontacted the county.
2. East Fork Road- removed from tabled list- all notified of INDOT’s stance on the intersection at SR1.
3. Happy Hollow remains tabled until January.
4. Assessor’s contract signed with Tyler Appraisal and Tax Solutions after Witte had reviewed and corrected it.
NEW BUSINESS:
1. Sheriff Lusby sent the matron- Tammy Wismann- to request keeping all bids for the commissary. Approved.
2. Mike Rozow- Chamber of Commerce had the annual contract signed. Hughes asked about Maynard Barrett’s absence at the Chamber’s meeting and Rozow stated he was in the hospital.
3. Ruth Ann Batta- Summer Arts Program- was not present- no decision.
4. Bob Hrezo Engineering- presented information on the Shumway building as part of the Justice Center project. He said they have experience with the building under previous owners. He also told Commissioners it is a solid building and does not need to be torn down despite a couple issues. He stressed that his company was local and wanted locals to get the business. Thompson noted that RQAW is doing the analysis of the building “free” with the charette price set up by Council. No decision.
5. Mark McCormack- Plan Director presented the zone change for the land behind Walmart and above Wilson Creek owned by Linkmeyer and Dearborn Development. Nick Roth was the only public speaking at the hearing on the zone change. He emphasized the drainage issues below this development, the idea that there are better places to put multifamily than on a steep hillside, and that if Lawrenceburg gets this annexed then the stipulations may or may not be followed. There are 64 units planned on 16 acres. The hurry is because a grant that is only offered annually is due Dec 18. Mike Hall Surveyor- stated he worked on the Wilson Creek issues with Walmart years ago and he has all the permits needed by state and DNR for the current development work.
Nick Roth stressed that the geotech should be done in advance of the zone change in case they say it’s unbuildable. He had shown the hill to his father who was appraiser for Turner Construction. He wanted to know how this was RESPONSIBLE development, does it help Lawrenceburg and the community, and does it conserve property values.
At that- Jason Christopher ( sp?) geotech for the project stated that they needed construction drawings before they commenced geotech borings but that the area laid out is definitely buildable as long as they do it on drill piers. It depends on how much money you want to spend. [ NOTE: This did not sound like a rousing cheer for the project. In fact – if they need a grant to proceed- then why do expensive piers etc?] He went on to talk about gray shale under the clay. Roth said that will deteriorate, as it did behind the strip malls of Anevski’s on US 50. Jason said that was because of the clay washing off in heavy rains before the straw and seed was applied and the clay didn’t have time to mesh with the shale. He suggested putting in structured 8-10 “ lifts with the powdered shale., etc. and stated the retention ponds should help out a lot.
Commissioners decided to rezone with the same conditions addressed BEFORE construction occurs. The motion as outlined by Thompson and placed by Orschell and 2nded by Hughes was: to approve because it loosely adheres to the master plan, it is similar to uses adjacent to it, it is desirable as matching Lawrenceburg development, the construction will be OK if contained and controlled and it extends the development along the fringe of currently developed areas. They waived the reading of the formal ordinance. All ayes- passed.
The Wind Energy Ordinance passed unanimously with little further discussion. [ NOTE: That ordinance will be posted before these notes on the blog.]
McCormack also invited the commissioners to the Dec 21st meeting and advertised that they might all be in attendance. This is to discuss the issues with permits that Hughes brought up last meeting.
6. Reaction PC Maintenance agreement was presented- Commissioners took it to review for Jan meeting. David Wyly recommended they use the flat rate the first year to budget easier and take in all the training at a reduced rate. FX Design is on board with producing a seamless transition to the new website, which will be up by Feb.
7. OKI 2010 agreement signed for $16,495- based on our population numbers.
Todd Listerman- Highway Director- gave a record 6- minute update-
The county accepted all bids for fuel, aggregates, and asphalt to be used at the director’s discretion.
Commissioners signed off on the Old SR 52 project form ICC639 as we were the local project adm ( LPA) on this. INDOT already signed off.
Pickens- Claims and minutes were signed.
Witte- Attorney- reported that 2 tort claims were filed on crashes where the county’s liability is probably zero. The county was also named in 2 mortgage foreclosures.
Commissioners closed on the Randall Avenue property last week.
Witte has talked to Votaw- L-bg’s attorney- the city is willing to transfer the Shumway building, but wants to know what the project will be and will look like before they do.
Witte had an unusual request last week regarding a small filming company that wants to get the requirements for filming here. He stressed to them that they needed to get their lawyer to check all state requirements and any accessory permits needed if they set up food for the crews etc. They want to film part if this at CONCEPTS ( so-called Gentlemen’s Club) in Lawrenceburg. (That brought laughter)
Witte has helped Mike Hornbach at PU Ext Office in Aurora with their bldg lease. The county pays that.
Homeland Security District 9 hired an independent contractor- Tracy Lightfield and Witte revised the contract to reflect the insurance she will carry. Signed.
CBDG- Community Block Dev Grant for Region 15 Children’s Advocacy Center in Dillsboro- Was signed with commissioners hearing also about how the county is responsible for the audits to be sure the money is used for what they are supposed to use it for. County is designating SEIRPC as their auditing agent.
Pickens asked Witte to come back- he had a question for him. Witte joked- Do you want to know how to get a role in the movie? ( laughter)
Pickens replied that it was about auditor’s new job, as the trustees no longer do it, regarding slaughter values of livestock form dog kills or coyotes etc. Witte was approved by commissioners to check into these new laws.
Orschell asked Commissioners if they would consider leasing property on Randall Ave ( to the Animal Shelter) Yes.
He also asked about county coordinator. Thompson said Council is talking about defunding the position for the following year. They don’t want to hire someone and have them lose the job due to funding issues. Waiting till Council meets in 2010 to get that settled.
PUBLIC COMMENT:
Todd Listerman asked if they will have a set date for claims- Cary said yes.
Tim from T-4 Construction asked about the PAWS shelter and the maintenance budget for the building- he had some ideas on energy saving ( perhaps with his windmills) Orschell told him they are still negotiating this building.
Thompson wished everyone a Merry Christmas as this is the last meeting of 2009.
Next meeting is Jan 5 7 PM in Commissioners Room.
Meeting adjourned at 9:40 PM
Christine Brauer Mueller
Lawrenceburg Township
WIND ENERGY CONVERSION SYSTEMS- NEW ORDINANCE for PLANNING
BOARD OF COMMISSIONERS OF DEARBORN COUNTY
RESOLUTION NO. ____ OF 2009
Ordinance to Enact Article 18 of the Dearborn County Zoning Ordinance and Incorporate into the Dearborn County Zoning Ordinance
An Ordinance to enact Article 18 of the Dearborn County Zoning Ordinance with the proposed text for Article 18 attached hereto and incorporated by reference as Exhibit “A”, and to amend the Dearborn County Zoning Ordinance to include the new Article 18.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, the Board of Commissioners of Dearborn County recognize a need to enact zoning regulations for the emerging technology subject matter of Wind Energy Conversion Systems; and
WHEREAS, the Dearborn County Plan Commission unanimously recommends that the Dearborn County Board of Commissioners establish regulations governing Wind Energy Conversion System; and
WHEREAS, the Dearborn County Plan Commission has drafted and approved proposed text for Article 18 which is attached hereto as Exhibit “A”; and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as Article 18 of the Dearborn County Zoning Ordinance, and furthermore that the Dearborn County Zoning Ordinance is amended to include the newly enacted Article 18 in its entirety.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
ARTICLE 18
WIND ENERGY CONVERSION SYSTEMS
Section 1800 – Purpose & Intent
The purpose of this Article is to regulate the placement, construction, and modification of Mini WECS, SWECS, and Wind Energy Conversion Systems (WECS) in Dearborn County. The regulations set forth herein have been formulated to facilitate economic opportunities for the local economy and to protect the health, safety, and general welfare of the public as these improvements are commissioned. The provisions of this Article will:
1. Establish a reasonable and efficient process for the review and approval of Mini WECS, SWECS, and WECS applications;
2. Prescribe required distances for setbacks for Mini WECS, SWECS, and WECS from buildings, property lines, and easements;
3. Institute minimum performance regulations for Mini WECS, SWECS, and Wind Energy Conversion Systems;
4. Create standards for the removal of Mini WECS, SWECS, and WECS and their appurtenant structures.
Section 1802 – Definitions
For the purposes of this Ordinance, the defined words, terms, phrases, abbreviations, and their derivations shall have the meanings given in this Section.
“Mini Wind Energy Conversion System” or “Mini WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity less than ten (10) kW and a system height of less than forty-five feet (45’). For the purposes of this Ordinance, a roof-mounted structure shall be considered a Mini WECS if it meets the rated capacity and height requirements set forth in this Section. Only one (1) Mini Wind Energy Conversion System may be permitted per principle structure. Mini WECS shall be considered an accessory use in all Zoning Districts.
“Small Wind Energy Conversion System” or “SWECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of less than, or equal to, one-hundred (100) kW and a system height of less than eighty feet (80’). Only one (1) Small Wind Energy Conversion System may be permitted per principle structure. SWECS shall be considered a Principally Permitted Use in all agricultural, (A), commercial (B-1, B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Residential Districts.
“Wind Energy Conversion System” or “WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of more than one-hundred (100) kW or a system height of more than eighty feet (80’). WECS shall be considered a Principally Permitted Use in intense commercial (B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Agricultural (A), Residential (R), and Restricted Business (B-1) Districts.
“Applicant” means the entity or person who submits to the County, pursuant to this Article, an application for the siting of any WECS or substation or thereafter operates or owns a WECS.
“Financial Assurance” means an insurance performance bond or one irrevocable, unconditional letter of credit, either one of which must be obtained from a single financial institution licensed in the State of Indiana.
"Free Fall Area" means the area in the shape of a circle surrounding the WECS whose radius is the height of the structure plus ten percent (10%) of the height of the WECS or structure.
“Modification” means the addition, removal or change of any of the physical and visually discernable components or aspects of a Wind Energy Conversion System. A modification shall not include the replacement of any components of a Wind Energy Conversion System where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a Wind Energy Conversion System without addition, removal or discernable change.
“Operator” means the entity responsible for the day-to-day operation and maintenance of the WECS, including any third party subcontractors.
“Owner” means the entity or entities with an equity interest in the WECS, including their respective successors and assigns.
“Permit” means a Zoning Permit, unless specifically noted otherwise in this Article.
“Professional Engineer” means a qualified individual who is licensed as a professional engineer in the State of Indiana.
“Primary Structure” means, for each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. Primary Structure includes structures such as residences, commercial buildings, hospitals, and day care facilities. Primary Structure excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.
“State” means the State of Indiana.
“WECS Project” means the collection of WECSs and substations as specified in the siting approval application pursuant to this Ordinance.
“WECS Tower” or “Tower” means the support structure to which the nacelle and rotor are attached, free standing or guyed structure that supports a wind turbine generator.
“WECS Tower Height” means the distance from the rotor blade at its highest point to the top surface of the WECS foundation.
Section 1804 – Wind Energy Conversion Systems Not Requiring a Zoning Permit
Mini WECS or SWECS structures may be established to serve an existing agricultural use. These structures may not exceed 45 feet in height and must be situated fifty (50) feet from both all property lines and overhead utility easements to be exempt from the provisions set forth later in this Article. Although a Zoning Permit may not be required for Mini WECS or SWECS and appurtenant structures of this type, a Building Permit is required and must be applied for and approved prior to any site work.
Section 1806 – General Requirements for all Wind Energy Conversion Systems
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. All applicants shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted system in strict compliance with all current applicable technical, safety and safety-related codes adopted by Dearborn County, the State of Indiana, or the United States. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply;
2. All applicants shall obtain, at their own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by Dearborn County or any other governmental entity or agency having jurisdiction over the applicant;
3. All applicants shall notify the County of any intended modification of a Mini WECS, SWECS, or Wind Energy Conversion System and shall apply to the County to modify the height, relocate or rebuild such structure;
4. All Wind Energy Conversion Systems shall conform to applicable industry standards of the American National Standards Institute (ANSI) and be approved by a wind certification program recognized by the American Wind Energy Association. All WECS that are over twenty-five (25) feet in height must be designed by a professional engineer. The engineer must certify that the foundation and tower constructed for the Wind Energy Conversion System is within acceptable code and industry standards—given local soil and climate conditions.
SECTION 1808 - Required Zoning Permit
All applicants involving a new Mini WECS, SWECS, or Wind Energy Conversion System, or an existing Mini WECS, SWECS, or Wind Energy Conversion System that involves a visible modification, are required to obtain the proper permit that is in accordance with the requirements of this Article. The individual zoning district articles indicate whether a Wind Energy Conversion System is a Principally Permitted Use or Conditional Use, which determines the required process. All Mini WECS and SWECS that are considered Principally Permitted Uses shall follow the Plot Plan Review procedure as detailed in Article 17 of this Ordinance. All WECS shall follow the Site Plan Review procedure as detailed in Article 23 of this Ordinance, in addition to a Conditional Use process, if necessary. All Conditional Uses shall follow the Conditional Use procedure as detailed in Article 3. Applications for the modification of an existing structure that does not increase the overall height or appearance shall be considered a Principally Permitted Use. If it is determined that the application meets the purpose and intent of this Article, the application shall be approved. If it is determined that the application does not meet the purpose and intent of this Article, the application shall be denied with the specific reasons detailed.
No Wind Energy Conversion System of any type shall be installed or constructed until the application is reviewed and approved by the County, and a permit has been issued. The County may at its discretion delegate or designate other official agencies to accept, review, analyze, evaluate and make recommendations with respect to the approval, or denial, of proposed Wind Energy Conversion System. Any permit issued for Wind Energy Conversion System shall not be assigned, transferred or conveyed without the express prior written notification to the County.
SECTION 1810 - Pre-Application Meeting
Prior to the submittal of an application that does not involve an exempt Mini WECS or SWECS structure, the applicant is required to contact the County and its designated representatives to schedule a pre-application meeting. The purpose of this meeting is to address potential issues, which will help expedite the review and permitting process. The pre-application meeting shall include a site visit, if there has not been a prior site visit for the proposed site. It shall also be determined at the pre-application meeting, the number of copies necessary for the applicant to submit a completed application. The applicant shall pay any and all costs that are associated with the preparation and attendance of the pre-application meeting.
SECTION 1812 – Zoning Application Requirements
All applications for Mini WECS, SWECS, or Wind Energy Conversion Systems, or any modification of such facility, shall comply with the requirements set forth in this Section. Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the County. The applicant shall be required to perform the following actions:
• Sign the application with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. Any individual signing the application shall be an authorized individual of the applicant. The landowner, if different than the applicant, shall also sign the application.
• Submit the following statement in writing:
• "The proposed Mini WECS, SWECS, or Wind Energy Conversion System shall be maintained in a safe manner, and in compliance with all conditions of the Permit, without exception, unless specifically granted relief by the County in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and Federal Laws, rules, and regulations."
All applications for the construction or installation of new Mini WECS, SWECS, or Wind Energy Conversion Systems shall contain the information set forth in this Section. Where a certification is required, such certification shall bear the signature and seal of a professional engineer. At the discretion of the County, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
Applicants must submit all of the information required to obtain a Major Plot Plan Zoning Permit, as referenced in Article 17, Section 1720 of the Dearborn County Zoning Ordinance, to the Dearborn County Plan Commission. In addition to the information required to obtain a Zoning Permit, the applicant shall provide all of the information that is necessary to obtain a Conditional Use Permit from the Dearborn County Board of Zoning Appeals, if applicable.
Information that is also relevant to the following items must also be specifically supplied:
1. The location of all above-ground utility lines within a radius equal to two (2) times the height of the proposed Mini WECS, SWECS, or WECS;
2. The location of all underground utility lines associated with the project site;
3. Dimensional representation of the structural components of the tower construction including the base and footings;
4. Manufacturer’s specifications and installation and operation instructions or specific Mini WECS, SWECS, or WECS design information;
5. Certification by a registered professional engineer that the tower design, including all footers, is sufficient to meet all County, State, and Federal requirements;
6. Information relevant to any existing, or anticipated, access easements or utility easements;
7. Acknowledgement that no appurtenances other than those associated with the wind turbine operations may be connected to any wind tower except with express, written permission by the BZA;
8. A transportation plan showing how vehicles would access the site and describing the impacts of the proposed energy project on the local and regional road system during construction and operation;
9. A re-vegetation plan that restores areas temporarily disturbed during construction;
10. For all Mini WECS, SWECS, or WECS sites involving one (1) acre or more of land disturbance, a drainage and erosion control plan must also be developed in consultation with the Dearborn County Soil and Water Conservation District.
SECTION 1814 - Location of Wind Energy Conversion Systems
An application for a Mini WECS, SWECS, or Wind Energy Conversion System may be approved in any zoning district of Dearborn County, provided that County officials find that the proposed site does not interfere with the health, safety and welfare of the County and its inhabitants and will not have a harmful effect on the nature and character of the community and neighborhood.
Notwithstanding that a potential application may require approval for a Conditional Use, the County may disapprove an application for any of the following reasons:
1. Conflict with safety and safety-related codes and requirements;
2. Conflict with the historic nature or character of a neighborhood or historical district;
3. Conflict with a purpose of an existing, specific zoning or land use designation;
4. The placement and location of Wind Energy Conversion System which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the County, or employees of the service provider or other service providers;
5. Conflicts with the provisions of this ordinance.
SECTION 1816 - Structure Design and Construction
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. The foundation and attachments shall meet all local, County, State and Federal structural requirements for loads, including wind and ice loads;
2. All utilities at a Mini WECS, SWECS, or Wind Energy Conversion Systems site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the County;
3. Mini WECS, SWECS, Wind Energy Conversion Systems, and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings;
4. At SWECS or Wind Energy Conversion System project sites, an acceptable access and turn-around area shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
SECTION 1818 - Height and Clearances of Wind Energy Conversion Systems
Mini WECS must have a system height of less than forty-five (45) feet.
No Wind Energy Conversion System Tower constructed after the effective date of this Ordinance, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, County, State, and/or any Federal statute, law, ordinance, code, rule or regulation.
The minimum distance between the ground and any protruding blade(s) utilized on a Mini WECS, SWECS, or WECS shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. This minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.
SECTION 1820 - Appearance and Visibility of all Wind Energy Conversion Systems
All Mini WECS, SWECS, or Wind Energy Conversion Systems and their appurtenant structures shall be designed to minimize the adverse visual impacts of its surroundings. Specifically:
1. Mini WECS, SWECS, or Wind Energy Conversion Systems shall not be artificially lighted or marked, except as required by law.
2. All Mini WECS, SWECS, WECS and supporting structures must consist of a non-reflective, unobtrusive color—usually gray or white. No advertising signage shall be permitted; however, the manufacturer’s identification with ratings is allowed.
3. If lighting is required, the Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations.
SECTION 1822 - Security of Wind Energy Conversion Systems
All Mini WECS, SWECS, and Wind Energy Conversion Systems and their appurtenant structures shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically, all Mini WECS, SWECS, and WECS and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with.
SECTION 1824 - Signage
All Wind Energy Conversion Systems and their appurtenant structures shall contain a sign no larger than four (4) square feet in order to provide the name(s) of the owner(s) and operator(s) of the WECS as well as emergency phone number(s). This sign shall be visible from the access point of the site and shall not be lighted, unless lighting is required by applicable law, rule or regulation. A four (4) square-foot warning sign concerning voltage must also be placed at the base of all pad-mounted transformers and substations in a conspicuous location. No other signage, including advertising, shall be permitted.
SECTION 1826 - Lot Size and Setbacks
All proposed Mini WECS, SWECS, or Wind Energy Conversion Systems shall be set back from abutting parcels, recorded rights-of-way and existing or anticipated access or utility easements by the greater of the following distances: A distance equal to the height of the proposed Mini WECS, SWECS, or WECS structure plus ten percent (10%) of the height of the supporting structure, or the existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. Structures that are not being used in conjunction with the Mini WECS, SWECS, or Wind Energy Conversion Systems, with the exception of accessory structures, shall not be located within the free fall area unless otherwise approved by the Board of Zoning Appeals.
A transfer of ownership of an adjacent lot, held in combination and under common ownership at the time of Mini WECS, SWECS, or WECS installation, shall include a grant of easement equal to the required off-site setback encroachment; approved by the Planning Director; and recorded with the Dearborn County Recorder’s Office to run with the deed.
SECTION 1832 – Maintenance & Inspections
The owner or operator of a WECS must submit, on an annual basis, a summary of the operation and maintenance reports to the County. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the County reasonably requests. Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification by a professional Engineer licensed in the State of Indiana and it shall be necessary to apply for both a Zoning Permit and a Building Permit.
The Dearborn County Planning Director and Building Commissioner will be responsible for contacting all owners or operators of a WECS that does not meet local, State, or Federal codes and regulations. Once notified in writing, the owner or operator of a WECS will be required to address any repairs or alterations within thirty (30) days after receiving notice—or within a longer period of time mutually acceptable to both parties. During this time period, the owner or operator of a WECS may retain a licensed 3rd party professional engineer familiar with WECS systems to prepare and submit to the appropriate Dearborn County officials a written report which addresses the repairs or alterations required, and which suggests alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary. The Dearborn County Planning Director and Building Commissioner will consider any such written report and determine whether the repairs or alterations should be made as originally requested, or as suggested in the written report.
SECTION 1834 - Liability Insurance
The owner or operator of any WECS will provide proof of liability coverage; shall maintain a current general liability policy covering bodily injury and property damage; and may be required to name Dearborn County as an additional insured with dollar amount limits per occurrence, in the aggregate, and a deductible, which is suitable and in a form acceptable to the Dearborn County Plan Commission Attorney.
SECTION 1836 - Indemnification
Any application for Wind Energy Conversion Systems that is proposed for County property, pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the County, and its officers, boards, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said WECS, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the County, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness fees are included in those costs that are recoverable by the County. An indemnification provision will not be required in those instances where the County itself applies for and secures a permit for WECS.
SECTION 1838 - Removal of Wind Energy Conversion Systems
The holder of a permit for a Mini WECS, SWECS, or Wind Energy Conversion System, or its successors or assigns, shall dismantle and remove such facilities, and all associated structures, from the site and restore the site to as close to its original condition as is possible, if at any time any of the following apply:
1. The system has been abandoned for a period of one hundred-eighty (180) days in any three hundred-sixty five (365) day period. For properties involving foreclosure, vacant residential structures, or for other unusual or extreme circumstances, a waiver may be requested to extend this time period. All waiver requests of this specific type must be submitted in writing to the Planning Director and may be issued only if the waiver is determined to be necessary and if the requested waiver does not adversely affect the other requirements of this Article;
2. The system falls into such a state of disrepair that it creates a health or safety hazard;
3. The system has been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required permit, or any other necessary authorization;
4. The Board of Zoning Appeals determines that the health, safety, and welfare interests of the County warrant and require the removal of the Mini WECS, SWECS, or Wind Energy Conversion System.
SECTION 1840 - Avoidance and Mitigation of Damages to Public Infrastructure
Applicants of all Wind Energy Conversion Systems shall identify all roads to be used for the purpose of transporting system materials, parts, and / or equipment for the construction, operation, or maintenance of the WECS and shall:
1. Conduct a pre-construction baseline survey in coordination with the impacted transportation authorities to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility as the WECS is being constructed;
2. Obtain any applicable weight and size permits from all impacted transportation authorities prior to construction;
3. Prepare a written statement that acknowledges that the Applicant will be responsible for addressing on-going road maintenance, drainage, erosion control, or dust issues identified by the Dearborn County Engineer, the Indiana Department of Transportation (INDOT), the Indiana Department of Environmental Management (IDEM), or another applicable public agent during all phases of the construction process. All such issues must be addressed in the prescribed time(s) and manner(s) set forth by the applicable governmental entity.
SECTION 1842 - Variances
Any requirement of this Article may receive a variance by the Board of Zoning Appeals if it is determined that such action is warranted given the nature of an individual project and such action will serve to preserve the purpose and intent of these regulations.
BOARD OF COMMISSIONERS OF DEARBORN COUNTY
RESOLUTION NO. ____ OF 2009
Ordinance to Amend and Insert Cross-References to Article 18 into
the Dearborn County Zoning Ordinance An Ordinance to amend and insert cross-references to Article 18 into the Dearborn County Zoning Ordinance with the proposed text insertions attached hereto and incorporated by reference as Exhibit “A”.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, on December 15 2009, the Board of Commissioners of Dearborn County enacted Article 18 to cover the emerging topic of Wind Energy Conversion Systems; and
WHEREAS, it is necessary to cross-reference the newly created Article 18 into the existing Articles of the current Dearborn County Zoning Ordinance in order to have a complete and functional source of regulation; and
WHEREAS, the Dearborn County Plan Commission has determined that cross-referencing of the newly created Article 18 is necessary in the following Articles and Section of the Dearborn County Zoning Ordinance:
Article 9, Section 930(20)
Article 10, Section 1030(14)
Article 11, Section 1125(14)
Article 11, Section 1155(24)
Article 13, Section 1304
and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as insertions into the respective Articles and Sections as enumerated of the Dearborn County Zoning Ordinance.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
Article 9, Section 930 (20)
20. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 10, Section 1030 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1125 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1155 (24)
24. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 13, Section 1304 (38)
38. Wind energy conversion systems.
RESOLUTION NO. ____ OF 2009
Ordinance to Enact Article 18 of the Dearborn County Zoning Ordinance and Incorporate into the Dearborn County Zoning Ordinance
An Ordinance to enact Article 18 of the Dearborn County Zoning Ordinance with the proposed text for Article 18 attached hereto and incorporated by reference as Exhibit “A”, and to amend the Dearborn County Zoning Ordinance to include the new Article 18.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, the Board of Commissioners of Dearborn County recognize a need to enact zoning regulations for the emerging technology subject matter of Wind Energy Conversion Systems; and
WHEREAS, the Dearborn County Plan Commission unanimously recommends that the Dearborn County Board of Commissioners establish regulations governing Wind Energy Conversion System; and
WHEREAS, the Dearborn County Plan Commission has drafted and approved proposed text for Article 18 which is attached hereto as Exhibit “A”; and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as Article 18 of the Dearborn County Zoning Ordinance, and furthermore that the Dearborn County Zoning Ordinance is amended to include the newly enacted Article 18 in its entirety.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
ARTICLE 18
WIND ENERGY CONVERSION SYSTEMS
Section 1800 – Purpose & Intent
The purpose of this Article is to regulate the placement, construction, and modification of Mini WECS, SWECS, and Wind Energy Conversion Systems (WECS) in Dearborn County. The regulations set forth herein have been formulated to facilitate economic opportunities for the local economy and to protect the health, safety, and general welfare of the public as these improvements are commissioned. The provisions of this Article will:
1. Establish a reasonable and efficient process for the review and approval of Mini WECS, SWECS, and WECS applications;
2. Prescribe required distances for setbacks for Mini WECS, SWECS, and WECS from buildings, property lines, and easements;
3. Institute minimum performance regulations for Mini WECS, SWECS, and Wind Energy Conversion Systems;
4. Create standards for the removal of Mini WECS, SWECS, and WECS and their appurtenant structures.
Section 1802 – Definitions
For the purposes of this Ordinance, the defined words, terms, phrases, abbreviations, and their derivations shall have the meanings given in this Section.
“Mini Wind Energy Conversion System” or “Mini WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity less than ten (10) kW and a system height of less than forty-five feet (45’). For the purposes of this Ordinance, a roof-mounted structure shall be considered a Mini WECS if it meets the rated capacity and height requirements set forth in this Section. Only one (1) Mini Wind Energy Conversion System may be permitted per principle structure. Mini WECS shall be considered an accessory use in all Zoning Districts.
“Small Wind Energy Conversion System” or “SWECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of less than, or equal to, one-hundred (100) kW and a system height of less than eighty feet (80’). Only one (1) Small Wind Energy Conversion System may be permitted per principle structure. SWECS shall be considered a Principally Permitted Use in all agricultural, (A), commercial (B-1, B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Residential Districts.
“Wind Energy Conversion System” or “WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of more than one-hundred (100) kW or a system height of more than eighty feet (80’). WECS shall be considered a Principally Permitted Use in intense commercial (B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Agricultural (A), Residential (R), and Restricted Business (B-1) Districts.
“Applicant” means the entity or person who submits to the County, pursuant to this Article, an application for the siting of any WECS or substation or thereafter operates or owns a WECS.
“Financial Assurance” means an insurance performance bond or one irrevocable, unconditional letter of credit, either one of which must be obtained from a single financial institution licensed in the State of Indiana.
"Free Fall Area" means the area in the shape of a circle surrounding the WECS whose radius is the height of the structure plus ten percent (10%) of the height of the WECS or structure.
“Modification” means the addition, removal or change of any of the physical and visually discernable components or aspects of a Wind Energy Conversion System. A modification shall not include the replacement of any components of a Wind Energy Conversion System where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a Wind Energy Conversion System without addition, removal or discernable change.
“Operator” means the entity responsible for the day-to-day operation and maintenance of the WECS, including any third party subcontractors.
“Owner” means the entity or entities with an equity interest in the WECS, including their respective successors and assigns.
“Permit” means a Zoning Permit, unless specifically noted otherwise in this Article.
“Professional Engineer” means a qualified individual who is licensed as a professional engineer in the State of Indiana.
“Primary Structure” means, for each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. Primary Structure includes structures such as residences, commercial buildings, hospitals, and day care facilities. Primary Structure excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.
“State” means the State of Indiana.
“WECS Project” means the collection of WECSs and substations as specified in the siting approval application pursuant to this Ordinance.
“WECS Tower” or “Tower” means the support structure to which the nacelle and rotor are attached, free standing or guyed structure that supports a wind turbine generator.
“WECS Tower Height” means the distance from the rotor blade at its highest point to the top surface of the WECS foundation.
Section 1804 – Wind Energy Conversion Systems Not Requiring a Zoning Permit
Mini WECS or SWECS structures may be established to serve an existing agricultural use. These structures may not exceed 45 feet in height and must be situated fifty (50) feet from both all property lines and overhead utility easements to be exempt from the provisions set forth later in this Article. Although a Zoning Permit may not be required for Mini WECS or SWECS and appurtenant structures of this type, a Building Permit is required and must be applied for and approved prior to any site work.
Section 1806 – General Requirements for all Wind Energy Conversion Systems
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. All applicants shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted system in strict compliance with all current applicable technical, safety and safety-related codes adopted by Dearborn County, the State of Indiana, or the United States. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply;
2. All applicants shall obtain, at their own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by Dearborn County or any other governmental entity or agency having jurisdiction over the applicant;
3. All applicants shall notify the County of any intended modification of a Mini WECS, SWECS, or Wind Energy Conversion System and shall apply to the County to modify the height, relocate or rebuild such structure;
4. All Wind Energy Conversion Systems shall conform to applicable industry standards of the American National Standards Institute (ANSI) and be approved by a wind certification program recognized by the American Wind Energy Association. All WECS that are over twenty-five (25) feet in height must be designed by a professional engineer. The engineer must certify that the foundation and tower constructed for the Wind Energy Conversion System is within acceptable code and industry standards—given local soil and climate conditions.
SECTION 1808 - Required Zoning Permit
All applicants involving a new Mini WECS, SWECS, or Wind Energy Conversion System, or an existing Mini WECS, SWECS, or Wind Energy Conversion System that involves a visible modification, are required to obtain the proper permit that is in accordance with the requirements of this Article. The individual zoning district articles indicate whether a Wind Energy Conversion System is a Principally Permitted Use or Conditional Use, which determines the required process. All Mini WECS and SWECS that are considered Principally Permitted Uses shall follow the Plot Plan Review procedure as detailed in Article 17 of this Ordinance. All WECS shall follow the Site Plan Review procedure as detailed in Article 23 of this Ordinance, in addition to a Conditional Use process, if necessary. All Conditional Uses shall follow the Conditional Use procedure as detailed in Article 3. Applications for the modification of an existing structure that does not increase the overall height or appearance shall be considered a Principally Permitted Use. If it is determined that the application meets the purpose and intent of this Article, the application shall be approved. If it is determined that the application does not meet the purpose and intent of this Article, the application shall be denied with the specific reasons detailed.
No Wind Energy Conversion System of any type shall be installed or constructed until the application is reviewed and approved by the County, and a permit has been issued. The County may at its discretion delegate or designate other official agencies to accept, review, analyze, evaluate and make recommendations with respect to the approval, or denial, of proposed Wind Energy Conversion System. Any permit issued for Wind Energy Conversion System shall not be assigned, transferred or conveyed without the express prior written notification to the County.
SECTION 1810 - Pre-Application Meeting
Prior to the submittal of an application that does not involve an exempt Mini WECS or SWECS structure, the applicant is required to contact the County and its designated representatives to schedule a pre-application meeting. The purpose of this meeting is to address potential issues, which will help expedite the review and permitting process. The pre-application meeting shall include a site visit, if there has not been a prior site visit for the proposed site. It shall also be determined at the pre-application meeting, the number of copies necessary for the applicant to submit a completed application. The applicant shall pay any and all costs that are associated with the preparation and attendance of the pre-application meeting.
SECTION 1812 – Zoning Application Requirements
All applications for Mini WECS, SWECS, or Wind Energy Conversion Systems, or any modification of such facility, shall comply with the requirements set forth in this Section. Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the County. The applicant shall be required to perform the following actions:
• Sign the application with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. Any individual signing the application shall be an authorized individual of the applicant. The landowner, if different than the applicant, shall also sign the application.
• Submit the following statement in writing:
• "The proposed Mini WECS, SWECS, or Wind Energy Conversion System shall be maintained in a safe manner, and in compliance with all conditions of the Permit, without exception, unless specifically granted relief by the County in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and Federal Laws, rules, and regulations."
All applications for the construction or installation of new Mini WECS, SWECS, or Wind Energy Conversion Systems shall contain the information set forth in this Section. Where a certification is required, such certification shall bear the signature and seal of a professional engineer. At the discretion of the County, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
Applicants must submit all of the information required to obtain a Major Plot Plan Zoning Permit, as referenced in Article 17, Section 1720 of the Dearborn County Zoning Ordinance, to the Dearborn County Plan Commission. In addition to the information required to obtain a Zoning Permit, the applicant shall provide all of the information that is necessary to obtain a Conditional Use Permit from the Dearborn County Board of Zoning Appeals, if applicable.
Information that is also relevant to the following items must also be specifically supplied:
1. The location of all above-ground utility lines within a radius equal to two (2) times the height of the proposed Mini WECS, SWECS, or WECS;
2. The location of all underground utility lines associated with the project site;
3. Dimensional representation of the structural components of the tower construction including the base and footings;
4. Manufacturer’s specifications and installation and operation instructions or specific Mini WECS, SWECS, or WECS design information;
5. Certification by a registered professional engineer that the tower design, including all footers, is sufficient to meet all County, State, and Federal requirements;
6. Information relevant to any existing, or anticipated, access easements or utility easements;
7. Acknowledgement that no appurtenances other than those associated with the wind turbine operations may be connected to any wind tower except with express, written permission by the BZA;
8. A transportation plan showing how vehicles would access the site and describing the impacts of the proposed energy project on the local and regional road system during construction and operation;
9. A re-vegetation plan that restores areas temporarily disturbed during construction;
10. For all Mini WECS, SWECS, or WECS sites involving one (1) acre or more of land disturbance, a drainage and erosion control plan must also be developed in consultation with the Dearborn County Soil and Water Conservation District.
SECTION 1814 - Location of Wind Energy Conversion Systems
An application for a Mini WECS, SWECS, or Wind Energy Conversion System may be approved in any zoning district of Dearborn County, provided that County officials find that the proposed site does not interfere with the health, safety and welfare of the County and its inhabitants and will not have a harmful effect on the nature and character of the community and neighborhood.
Notwithstanding that a potential application may require approval for a Conditional Use, the County may disapprove an application for any of the following reasons:
1. Conflict with safety and safety-related codes and requirements;
2. Conflict with the historic nature or character of a neighborhood or historical district;
3. Conflict with a purpose of an existing, specific zoning or land use designation;
4. The placement and location of Wind Energy Conversion System which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the County, or employees of the service provider or other service providers;
5. Conflicts with the provisions of this ordinance.
SECTION 1816 - Structure Design and Construction
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. The foundation and attachments shall meet all local, County, State and Federal structural requirements for loads, including wind and ice loads;
2. All utilities at a Mini WECS, SWECS, or Wind Energy Conversion Systems site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the County;
3. Mini WECS, SWECS, Wind Energy Conversion Systems, and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings;
4. At SWECS or Wind Energy Conversion System project sites, an acceptable access and turn-around area shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
SECTION 1818 - Height and Clearances of Wind Energy Conversion Systems
Mini WECS must have a system height of less than forty-five (45) feet.
No Wind Energy Conversion System Tower constructed after the effective date of this Ordinance, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, County, State, and/or any Federal statute, law, ordinance, code, rule or regulation.
The minimum distance between the ground and any protruding blade(s) utilized on a Mini WECS, SWECS, or WECS shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. This minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.
SECTION 1820 - Appearance and Visibility of all Wind Energy Conversion Systems
All Mini WECS, SWECS, or Wind Energy Conversion Systems and their appurtenant structures shall be designed to minimize the adverse visual impacts of its surroundings. Specifically:
1. Mini WECS, SWECS, or Wind Energy Conversion Systems shall not be artificially lighted or marked, except as required by law.
2. All Mini WECS, SWECS, WECS and supporting structures must consist of a non-reflective, unobtrusive color—usually gray or white. No advertising signage shall be permitted; however, the manufacturer’s identification with ratings is allowed.
3. If lighting is required, the Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations.
SECTION 1822 - Security of Wind Energy Conversion Systems
All Mini WECS, SWECS, and Wind Energy Conversion Systems and their appurtenant structures shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically, all Mini WECS, SWECS, and WECS and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with.
SECTION 1824 - Signage
All Wind Energy Conversion Systems and their appurtenant structures shall contain a sign no larger than four (4) square feet in order to provide the name(s) of the owner(s) and operator(s) of the WECS as well as emergency phone number(s). This sign shall be visible from the access point of the site and shall not be lighted, unless lighting is required by applicable law, rule or regulation. A four (4) square-foot warning sign concerning voltage must also be placed at the base of all pad-mounted transformers and substations in a conspicuous location. No other signage, including advertising, shall be permitted.
SECTION 1826 - Lot Size and Setbacks
All proposed Mini WECS, SWECS, or Wind Energy Conversion Systems shall be set back from abutting parcels, recorded rights-of-way and existing or anticipated access or utility easements by the greater of the following distances: A distance equal to the height of the proposed Mini WECS, SWECS, or WECS structure plus ten percent (10%) of the height of the supporting structure, or the existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. Structures that are not being used in conjunction with the Mini WECS, SWECS, or Wind Energy Conversion Systems, with the exception of accessory structures, shall not be located within the free fall area unless otherwise approved by the Board of Zoning Appeals.
A transfer of ownership of an adjacent lot, held in combination and under common ownership at the time of Mini WECS, SWECS, or WECS installation, shall include a grant of easement equal to the required off-site setback encroachment; approved by the Planning Director; and recorded with the Dearborn County Recorder’s Office to run with the deed.
SECTION 1832 – Maintenance & Inspections
The owner or operator of a WECS must submit, on an annual basis, a summary of the operation and maintenance reports to the County. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the County reasonably requests. Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification by a professional Engineer licensed in the State of Indiana and it shall be necessary to apply for both a Zoning Permit and a Building Permit.
The Dearborn County Planning Director and Building Commissioner will be responsible for contacting all owners or operators of a WECS that does not meet local, State, or Federal codes and regulations. Once notified in writing, the owner or operator of a WECS will be required to address any repairs or alterations within thirty (30) days after receiving notice—or within a longer period of time mutually acceptable to both parties. During this time period, the owner or operator of a WECS may retain a licensed 3rd party professional engineer familiar with WECS systems to prepare and submit to the appropriate Dearborn County officials a written report which addresses the repairs or alterations required, and which suggests alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary. The Dearborn County Planning Director and Building Commissioner will consider any such written report and determine whether the repairs or alterations should be made as originally requested, or as suggested in the written report.
SECTION 1834 - Liability Insurance
The owner or operator of any WECS will provide proof of liability coverage; shall maintain a current general liability policy covering bodily injury and property damage; and may be required to name Dearborn County as an additional insured with dollar amount limits per occurrence, in the aggregate, and a deductible, which is suitable and in a form acceptable to the Dearborn County Plan Commission Attorney.
SECTION 1836 - Indemnification
Any application for Wind Energy Conversion Systems that is proposed for County property, pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the County, and its officers, boards, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said WECS, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the County, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness fees are included in those costs that are recoverable by the County. An indemnification provision will not be required in those instances where the County itself applies for and secures a permit for WECS.
SECTION 1838 - Removal of Wind Energy Conversion Systems
The holder of a permit for a Mini WECS, SWECS, or Wind Energy Conversion System, or its successors or assigns, shall dismantle and remove such facilities, and all associated structures, from the site and restore the site to as close to its original condition as is possible, if at any time any of the following apply:
1. The system has been abandoned for a period of one hundred-eighty (180) days in any three hundred-sixty five (365) day period. For properties involving foreclosure, vacant residential structures, or for other unusual or extreme circumstances, a waiver may be requested to extend this time period. All waiver requests of this specific type must be submitted in writing to the Planning Director and may be issued only if the waiver is determined to be necessary and if the requested waiver does not adversely affect the other requirements of this Article;
2. The system falls into such a state of disrepair that it creates a health or safety hazard;
3. The system has been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required permit, or any other necessary authorization;
4. The Board of Zoning Appeals determines that the health, safety, and welfare interests of the County warrant and require the removal of the Mini WECS, SWECS, or Wind Energy Conversion System.
SECTION 1840 - Avoidance and Mitigation of Damages to Public Infrastructure
Applicants of all Wind Energy Conversion Systems shall identify all roads to be used for the purpose of transporting system materials, parts, and / or equipment for the construction, operation, or maintenance of the WECS and shall:
1. Conduct a pre-construction baseline survey in coordination with the impacted transportation authorities to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility as the WECS is being constructed;
2. Obtain any applicable weight and size permits from all impacted transportation authorities prior to construction;
3. Prepare a written statement that acknowledges that the Applicant will be responsible for addressing on-going road maintenance, drainage, erosion control, or dust issues identified by the Dearborn County Engineer, the Indiana Department of Transportation (INDOT), the Indiana Department of Environmental Management (IDEM), or another applicable public agent during all phases of the construction process. All such issues must be addressed in the prescribed time(s) and manner(s) set forth by the applicable governmental entity.
SECTION 1842 - Variances
Any requirement of this Article may receive a variance by the Board of Zoning Appeals if it is determined that such action is warranted given the nature of an individual project and such action will serve to preserve the purpose and intent of these regulations.
BOARD OF COMMISSIONERS OF DEARBORN COUNTY
RESOLUTION NO. ____ OF 2009
Ordinance to Amend and Insert Cross-References to Article 18 into
the Dearborn County Zoning Ordinance An Ordinance to amend and insert cross-references to Article 18 into the Dearborn County Zoning Ordinance with the proposed text insertions attached hereto and incorporated by reference as Exhibit “A”.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, on December 15 2009, the Board of Commissioners of Dearborn County enacted Article 18 to cover the emerging topic of Wind Energy Conversion Systems; and
WHEREAS, it is necessary to cross-reference the newly created Article 18 into the existing Articles of the current Dearborn County Zoning Ordinance in order to have a complete and functional source of regulation; and
WHEREAS, the Dearborn County Plan Commission has determined that cross-referencing of the newly created Article 18 is necessary in the following Articles and Section of the Dearborn County Zoning Ordinance:
Article 9, Section 930(20)
Article 10, Section 1030(14)
Article 11, Section 1125(14)
Article 11, Section 1155(24)
Article 13, Section 1304
and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as insertions into the respective Articles and Sections as enumerated of the Dearborn County Zoning Ordinance.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
Article 9, Section 930 (20)
20. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 10, Section 1030 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1125 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1155 (24)
24. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 13, Section 1304 (38)
38. Wind energy conversion systems.
Tuesday, December 08, 2009
DRAFT AGENDA COMMISSIONER'S MEETING 15 DEC 2009
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
December 15, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. Happy Hollow Rd. – tabled from 10/06/09
IV. NEW BUSINESS
1. Sheriff Dave Lusby
Bid Awards
2. Mike Rozow, Chamber of Commerce
Annual Management agreement signatures
3. Ruth Ann Batta, Sunman Dearborn Summer Art Program
Request to go to Council
3. Bob Hrezo, Hrezo Engineering, Inc.
Presentation on Shumway Building Recommendation
4. Mark McCormack, Planning and Zoning
1. Zone Change request
2. Proposed Article 18 – Wind Energy Conversion System
5. OKI 2010 Agreement signatures
V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
XIV.
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
December 15, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. Happy Hollow Rd. – tabled from 10/06/09
IV. NEW BUSINESS
1. Sheriff Dave Lusby
Bid Awards
2. Mike Rozow, Chamber of Commerce
Annual Management agreement signatures
3. Ruth Ann Batta, Sunman Dearborn Summer Art Program
Request to go to Council
3. Bob Hrezo, Hrezo Engineering, Inc.
Presentation on Shumway Building Recommendation
4. Mark McCormack, Planning and Zoning
1. Zone Change request
2. Proposed Article 18 – Wind Energy Conversion System
5. OKI 2010 Agreement signatures
V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
XIV.
GARY MORRIS REPUBLICAN PARTY CHAIRMAN PASSED AWAY SUNDAY
GARY MORRIS, chairman of the Dearborn County Republican Party passed away Sunday Dec 6th. His obituary follows:
MORRIS Gary Benton, Beloved husband of Liz Morris. Dear father of Lee-Anna, Michael Benton, Katie and Stephen. Loving son of Marie (Bud) Swales and the late Edwin Benton Morris. Devoted brother of Dan (Sharon) Morris, Tom (Nancy) Morris, Sandi (Richard) Baer, Steve Swales, Dave Swales and Tammy (Bill) Hoskins, and the late Cheri Swales. Loving grandfather of Fletcher, Joey and Anna-Liese. Passed away Sunday, December 6, 2009. Residence Bright IN. Age 64. Visitation in the John C. Brater Funeral Home, 201 S. Vine St. Harrison OH Friday from 5-8 PM. Mass of Christian Burial in the St. Teresa Benedicta of the Cross Church, 23670 Salt Fork Rd., Bright IN Saturday, December 12 at 10 AM. Memorials may be made to the Bright Fire & EMS or Bright Lions Club through the funeral home. Burial Greendale Cemetery. http://www.braterfuneralhome.com/.
from 8 Dec 2009 Cincinnati Enquirer obituary notice
MORRIS Gary Benton, Beloved husband of Liz Morris. Dear father of Lee-Anna, Michael Benton, Katie and Stephen. Loving son of Marie (Bud) Swales and the late Edwin Benton Morris. Devoted brother of Dan (Sharon) Morris, Tom (Nancy) Morris, Sandi (Richard) Baer, Steve Swales, Dave Swales and Tammy (Bill) Hoskins, and the late Cheri Swales. Loving grandfather of Fletcher, Joey and Anna-Liese. Passed away Sunday, December 6, 2009. Residence Bright IN. Age 64. Visitation in the John C. Brater Funeral Home, 201 S. Vine St. Harrison OH Friday from 5-8 PM. Mass of Christian Burial in the St. Teresa Benedicta of the Cross Church, 23670 Salt Fork Rd., Bright IN Saturday, December 12 at 10 AM. Memorials may be made to the Bright Fire & EMS or Bright Lions Club through the funeral home. Burial Greendale Cemetery. http://www.braterfuneralhome.com/.
from 8 Dec 2009 Cincinnati Enquirer obituary notice
Tuesday, December 01, 2009
JEFF HUGHES MEMO TO COUNCIL
TO: COUNTY COUNCIL, concerning acquisition of new county Garage.
With the workforce loss through layoffs and not replacing retiring workers, the
decreasing state funding, the road and bridge closings, the economic climate, I do not believe this is the right time to make this acquisition. The county garage does need improvement and with sweat equity I believe it would be sufficient for the next few years.
I would also like to point out that the owner is a motivated seller, which is advantageous for the opportunity of new business in Dearbom County, which could produce employment for our fellow citizens. That area is one of the few areas that the planning department allows business without endless regulatory measures.
I mentioned earlier the road closings, the amount being used to purchase the new garage could fix, repair, or replace Holt road closing, Kueble road closing, or Stewart road closing just as examples.
I would also like to bring up the three quarter of a million dollars burden placed on the tax payers, where as now there is over $17,000 being paid to the county in relief of that burden. According to the counties tax sale consultant the tax sales went up 10% this year and projects it going up to 15% next year.
This is some of the rationale in causing my nay vote, for purchase of the new highway
facility.
Respectfully,
Jeff Hughes
With the workforce loss through layoffs and not replacing retiring workers, the
decreasing state funding, the road and bridge closings, the economic climate, I do not believe this is the right time to make this acquisition. The county garage does need improvement and with sweat equity I believe it would be sufficient for the next few years.
I would also like to point out that the owner is a motivated seller, which is advantageous for the opportunity of new business in Dearbom County, which could produce employment for our fellow citizens. That area is one of the few areas that the planning department allows business without endless regulatory measures.
I mentioned earlier the road closings, the amount being used to purchase the new garage could fix, repair, or replace Holt road closing, Kueble road closing, or Stewart road closing just as examples.
I would also like to bring up the three quarter of a million dollars burden placed on the tax payers, where as now there is over $17,000 being paid to the county in relief of that burden. According to the counties tax sale consultant the tax sales went up 10% this year and projects it going up to 15% next year.
This is some of the rationale in causing my nay vote, for purchase of the new highway
facility.
Respectfully,
Jeff Hughes
30 November 2009 Dearborn County Commissioners Meeting Notes
30 November 2009 Dearborn County Commissioners Meeting Notes
Meeting moved to Nov 30 from Dec 1 due to Commissioner’s Conference.
Present: Thompson, Chairman, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
Commissioners denied the Med Ben claim discussed in executive session preceding the meeting.
OLD BUSINESS:
Hogan Water Corp remains tabled.
East Fork Road remains tabled.
Happy Hollow was retabled after neighbors produced more information and commissioners asked for further research. It appeared that the neighbors possibly were looking to have road maintenance extended to their location as well as the Lykins property. Listerman was not present due to meeting change.
NEW BUSINESS:
Sheriff Lusby opened three food bids form Ellenbee Leggett, Gordon Foods, and US Food Service. All were taken under advisement for the matron to review.
Gary Hensley presented the Tyler Technologies contract for new construction and trending assessment for $61,900 per year for 2010 and 2011. This is the same as 2009. Witte will review the contract for commissioners to sign at the next meeting.
Brett Dodd of RQAW gave a brief report of their Campus Charette starting Dec 9-16 with the Shumway analysis. They will do the Charette for about 5 hours in the morning on Dec 17 with 3 teams of about 8 people each. A judge will be in each group, sheriff representatives, commissioners, prosecutors office etc. Each team will present a viable solution to the process- they may get consensus on one or end up with two or three options. He plans to have areport to commissioners by Jan 19 with the holidays in the middle. They will have knowledge of how much area each dept needs in the building for the charette groups.
Commissioners approved the 2010 meeting calendar with the 1st Tues of the month at 7 PM and the 3rd Tues at 9 AM The 9 AM meeting will be in the Lawrenceburg Council Chambers on Walnut Street to avoid any further conflicts with the judges per Pickens. The May and Nov election day meetings are moved to the next day (Wed)
Highway updates given under Thompson due to Listerman absence.
Pickens- Claims and minutes approved
Witte- Attorney:
Scott Carlton lawsuit vs Shane McHenry was voluntarily withdrawn by Carlton. County is “off the hook” on that one. He was suing for interference with his employment as McHenry allegedly informed his employers that he wa engaged in illegal activities.
County has been named in a couple more foreclosure actions- a normal part of the process.
Witte met with Jeff Tucker and has instructed Listerman to provide a history of the county and Tucker on Seldom Seen road issues. Listerman will have this by Friday.
Hughes- asked for clarification on the animal director selection. He wanted the Animal Board to preview and recommend 3 choices. Commissioners agreed.
Hughes stated he had an email from L&I regarding home permits being stopped. The email will be forwarded to Plan Director and PC attorney- McGill- for review and clarification.
Thompson- reported that they will close on Randall Avenue property on Dec 8. Pickens will have checks ready at that time. Doug Denmure is preparing the deed.
Thompson also reported the Artemis camera contracts are let and message boards will be next.
Thompson said the paper will post the list of appointments for county offices so any citizen interested can apply. There is an issue with animal control board having more members than originally set up. ( 7 vs 9) That will be researched.
Raection PC will have website up close to the first of the year. They will also be training dept heads on how to enter material.
Commissioners approved Ginny Daum getting business cards to use for the TriState Medical Reserve Corps. She is the volunteer coordinator.
LATE ARRIVAL
Kraus Jr discussed the possibility of getting money to fund research of all old county roads to get an accurate list. He will do further research on this to decide if it is feasible. They could hire a part timer to go through all the records. Pickens suggested historical society as help and Chris McHenry’s name came up as suggestion.
PUBLIC COMMENT:
Sandy Carley thanked commissioners for food station help. She picked up the director resumes and will distribute to the board.
Meeting adjourned at 8:15 PM
Christine Brauer Mueller
Lawrenceburg Township
Meeting moved to Nov 30 from Dec 1 due to Commissioner’s Conference.
Present: Thompson, Chairman, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
Commissioners denied the Med Ben claim discussed in executive session preceding the meeting.
OLD BUSINESS:
Hogan Water Corp remains tabled.
East Fork Road remains tabled.
Happy Hollow was retabled after neighbors produced more information and commissioners asked for further research. It appeared that the neighbors possibly were looking to have road maintenance extended to their location as well as the Lykins property. Listerman was not present due to meeting change.
NEW BUSINESS:
Sheriff Lusby opened three food bids form Ellenbee Leggett, Gordon Foods, and US Food Service. All were taken under advisement for the matron to review.
Gary Hensley presented the Tyler Technologies contract for new construction and trending assessment for $61,900 per year for 2010 and 2011. This is the same as 2009. Witte will review the contract for commissioners to sign at the next meeting.
Brett Dodd of RQAW gave a brief report of their Campus Charette starting Dec 9-16 with the Shumway analysis. They will do the Charette for about 5 hours in the morning on Dec 17 with 3 teams of about 8 people each. A judge will be in each group, sheriff representatives, commissioners, prosecutors office etc. Each team will present a viable solution to the process- they may get consensus on one or end up with two or three options. He plans to have areport to commissioners by Jan 19 with the holidays in the middle. They will have knowledge of how much area each dept needs in the building for the charette groups.
Commissioners approved the 2010 meeting calendar with the 1st Tues of the month at 7 PM and the 3rd Tues at 9 AM The 9 AM meeting will be in the Lawrenceburg Council Chambers on Walnut Street to avoid any further conflicts with the judges per Pickens. The May and Nov election day meetings are moved to the next day (Wed)
Highway updates given under Thompson due to Listerman absence.
Pickens- Claims and minutes approved
Witte- Attorney:
Scott Carlton lawsuit vs Shane McHenry was voluntarily withdrawn by Carlton. County is “off the hook” on that one. He was suing for interference with his employment as McHenry allegedly informed his employers that he wa engaged in illegal activities.
County has been named in a couple more foreclosure actions- a normal part of the process.
Witte met with Jeff Tucker and has instructed Listerman to provide a history of the county and Tucker on Seldom Seen road issues. Listerman will have this by Friday.
Hughes- asked for clarification on the animal director selection. He wanted the Animal Board to preview and recommend 3 choices. Commissioners agreed.
Hughes stated he had an email from L&I regarding home permits being stopped. The email will be forwarded to Plan Director and PC attorney- McGill- for review and clarification.
Thompson- reported that they will close on Randall Avenue property on Dec 8. Pickens will have checks ready at that time. Doug Denmure is preparing the deed.
Thompson also reported the Artemis camera contracts are let and message boards will be next.
Thompson said the paper will post the list of appointments for county offices so any citizen interested can apply. There is an issue with animal control board having more members than originally set up. ( 7 vs 9) That will be researched.
Raection PC will have website up close to the first of the year. They will also be training dept heads on how to enter material.
Commissioners approved Ginny Daum getting business cards to use for the TriState Medical Reserve Corps. She is the volunteer coordinator.
LATE ARRIVAL
Kraus Jr discussed the possibility of getting money to fund research of all old county roads to get an accurate list. He will do further research on this to decide if it is feasible. They could hire a part timer to go through all the records. Pickens suggested historical society as help and Chris McHenry’s name came up as suggestion.
PUBLIC COMMENT:
Sandy Carley thanked commissioners for food station help. She picked up the director resumes and will distribute to the board.
Meeting adjourned at 8:15 PM
Christine Brauer Mueller
Lawrenceburg Township
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