26 April 2021 Dearborn County Plan Commission Meeting Notes

 26 April 2021 Dearborn County Plan Commission Meeting Notes

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

ABSENT: Joe Vogel

Also Present: Mark McCormack, Plan Director, Nicole Daily, Zoning Administrator, and Andy Baudendistel, Attorney.

Baudendistel read the Title VI statement as legally required.

ACTION ON MINUTES- none

Plan Commission Board decided to open all future meetings with the Pledge of Allegiance like many of the other boards do.

OLD BUSINESS: none

NEW BUSINESS: none

ADMINISTRATIVE: McCormack showed two versions of maps for the zone change map and Version 2 was the one most board members emailed back that they favored. Other major comments seem to be with rural residential and also some regarding how to handle animals in rural residential. Also adding high tunnel on one of the list of uses. 

Consultant and the public are still going to weigh in on this. There are going to be some growing pains with enacting this. Some discussion with having the southern side of SR 46 up to I- 74 in the NW side of the county be rural residential. The northern side of I-74 does still have some more farming and should stay Ag. 

Even though an area is zoned residential- they cannot put subdivisions in if they do not have sewer. Sewer plant plans need to be taken into consideration when planning residential. Discussion about Guilford and Moores Hill and near Sunman for residential if they increase capacity and lines or build a sewer plant. Sunman line includes Kruse (sp?) farm as they accessed it through their field. Potential development along west US 50. Dillsboro has quite a bit of capacity for sewer hook up. 

Weisberg town could be changed to reflect that it is not commercial or industrial. They will probably leave that as is for now. 

Greendale has property that is Ag and could become Residential as sewer is there.

McCormack is going to take to Steve Renihan from DC Regional Sewer District and Doug Baer to see about sewer plans that they have. 

Tree service- add to Ag zone uses- as it has come up a couple times in the past. 

John Hawley asked about animal use. He put forth several animal types and the amount they can have per acre of each type. He also talked about having a better environment for raising the animals in question. Billions of $s in damage can be done by animals sold and then released into the wild. So animal welfare component exists also. McCormack will go through the process and look at the chart of animal numbers and types. Animal Control sometimes gets involved in animal welfare issues. 

Solar information will be looked thru next. HB1381 brought out local issues as it would limit local control. Solar and Wind need to have local regulations prior to the state. Wireless telecommunications is a case in point - with the state not necessarily knowing what is best for our local situation. McCormack talks with State Rep.Randy Lyness over the years about bills affecting us. Model solar ordinance was put together . He has checked with other counties to see how they do it and the numbers they are seeing and using. Wind is not so prevalent here but solar is improved and even on a cloudy day those panels can get decent solar energy captured. He is trying to get a solar ordinance done that is good, simple, and logical. He has several to look at and draw from. If the solar farm is acting like a utility, then fencing and other permits are required. Wind turbines are mini, small, or large. The number of turbines would determine what they might be classified. Soil and Water will be involved with solar farms for drainage and runoff etc. Once these cease to be useful there is a bonding  and a de-conditioning process for the clean-up. Some worry about the farm fields that are used for solar and the lack of vegetation under them leading to runoff issues etc. 

OTHER ISSUE:  Rumpke site- and he talked to SE IN IDEM and there is a report from them on and that there is nothing affecting Indiana YET.Thatcher has sent letters to several agencies in Ohio and Indiana and there is nothing more we can do. Thatcher is meeting with Rumpke this week to discuss further. Rumpke owns 38 acres in Bright area. That is a transfer station. 

NEW ENFORCEMENT OFFICER: She’s started and he thinks this will work out. Enforcement officer is allowed to carry and may wear a uniform. 

Meetings in July will probably be when the public sees the new proposed Zoning map.  

Meeting adjourned : 8:53 PM

Christine Brauer Mueller

Lawrenceburg Township

Dearborn County Commissioners Press Release on Rumpke Landfill Expansion Plans

 PRESS RELEASE

April 20, 2021

 

The Dearborn County Commissioners have reached out to the Hamilton County Commissioners, the Whitewater Township Trustees as well as the Ohio EPA to voice their concern regarding the expansion of the Rumpke Bond Road landfill.  

 

They have also reached out to Indiana Department of Environmental Management.  Response from Chad Pittman, Southeast Regional Office Compliance Staff with IDEM stated, “IDEM is aware of the site in Ohio and have had discussions with the engineers.  They have been assured Rumpke has no plans to expand into their property in Indiana.”   Kate Garvey, Southeast Regional Permit Staff at IDEM was uncertain what their office could do since this is not an Indiana permitted site. She provided the following contact information for anyone wanting to reach out to Ohio with concerns.

 

Ohio EPA (Office) (937)-285-6357 

Ohio EPA Public Involvement to assist with options for public comment as an out-of-state impacted party:  Heather Lauer, SW District (614)644-2621 or heather.lauer@epa.ohio.gov

 

Hamilton County Waste Management Division

(513) 946-7800 or HCPHCustServ@hamilton-co.org

 

The Dearborn County Board of Commissioners want citizens to know they share the concerns of impact this could have on property values in Dearborn County and the potential health hazard presented by possible fugitive dust and/or seepage from the site.  They will continue to forward any concerning information about this expansion to IDEM.

 

Respectfully,

Dearborn County Board of Commissioners

Jim Thatcher

Art Little

Rick Probst

20 April 2021 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

 20 April 2021 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

Present: Jim Thatcher, President, Art Little, and Rick Probst

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

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

OLD BUSINESS

Right of Entry and Hold Harmless Agreement- Yorkville Property - Baudendistel- this is for the reopening with Mr Green and Mr Fessler ( sp?) (FDK, LLC)  of an alley according to specifications of the Highway Dept.  Approved and signed 

Ordinance Establishing the ARP ( American Rescue Plan) Coronavirus Local Fiscal Recovery Fund- Baudendistel- based off the state examiner directive that they can establish the funds and procedures for that money and purposes for that money. It is up to Council to appropriate the money. The Commissioners have to establish a plan for this. The money is supposed to be coming in 2 tranches per Baudendistel. This gives them some place to put the money. Approved and signed. . 

NEW BUSINESS

INDOT Supplemental LPA Contract for Bridge #64- Sneakville Rd-  Highway Engineer Todd Listerman- This will reimburse us $243,760 which is 80% of the design funds. Approved. This one is electronically signed under the new INDOT procedures.

Dearborn County Anti Litter Initiative- Celeste Calvitto- May 8 on Jamison Rd headed by Bright Fire Dept- requested a road closure for this cleanup- from 8:30 - noon. Sheriff and highway are notified also. Approved. She gives a big thanks to highway and sheriff  dept for their help. 

Celeste also noted that Yorkville Rd is already approved.

Stateline on April 10th  and St. Lawrence sent a lot of families and it was great. Sugar Ridge also provided golf carts to help. 

There is a Dearborn County Anti Litter facebook page to find future projects. 

Dearborn County Extension Office- Liz Beiersdorfer- Signature for Contract with Indicom- this will save nearly  $100 per month. Jeff Bitner had given her the quote and Baudendistel requested more info. $233/ month is the new fee. He has several more pages to add to the agreement. Commissioners approved and signed it. Liz will also get a signed copy. There will also be another dairy giveaway to help folks next month. They also noted Kathy Kent has been working for County Extension for over 50 years. 

Paul Grimsley- Town of Moores Hill Wastewater- Submitted drawings by HWC and this is to help fix issues with the school closing and flow issues. These project options are at least $1million. They are expanding the sewer plant and will take on about 30 new homes with failing systems. He’s throwing their hat in the ring for some of the county ARP money. If they don’t get this then they will be hauling sludge in from Osgood to keep the plant alive with enough bacteria. Commissioners said  they need to bring in a solid plan and they need to present to Council also. OCRA grants are also available per Probst. If you can work with  them for the grant the county can contribute a match for that There are a lot of sources for funding. You need the ROWs etc ready if you apply for this. May and October are the times you can apply for OCRA. No decision. 

ADMINISTRATOR – Sue Hayden- nothing 

AUDITOR – Connie Fromhold  -Claims/Payroll and April 6th Minutes approved.

ATTORNEY – Andy Baudendistel:

Stateline and Augusta easement across the land for Rural Fiber Network, LLC for $100. installation. Commissioners approved signed both the easement and the survey. 

Signatures on Survey Re: Sale of Hospital St Elizabeth Dearborn Hospital- This is something currently occupied by Lawrenceburg Utilities. Commissioners signed. Rob Sieg has been doing a lot of clean-up survey work for the hospital properties per Baudendistel.

Baudendistel prepared a letter for the various agencies in Ohio regarding the Rumpke Bond Road Landfill expansion out there.They want to have them consider the impacts on the Indiana neighbors. Commissioners approved and signed the letter. 

Sue Hayden prepared a press release for the media involving this letter. IDEM has been in touch with Rumpke. Ohio EPA office and other agencies to contact with their phone numbers are in this press release. Commissioners share the concerns of the impact this may have on Indiana residents. This will be sent to media after tonight’s meeting. Ohio EPA is the agency that will  approve or deny this permit. They are redrawing the facilities boundaries.   

COMMISSIONER COMMENTS-

Probst- good crew here masked up. Continue to take precautions.

Little- Noted that snow tonight belies spring coming. Also noted that cars are not obeying flashing lights at schooled up in Bright.

Thatcher- Our schools have done a fantastic job keeping kids in schools and keeping them engaged. 

LATE ARRIVAL INFORMATION- none

PUBLIC COMMENT- Debra Kastens - about the Rumpke issue. The Indiana EPA said they will cooperate with Ohio EPA on this.  Also would like Sand Run to be evaluated for safety with Rumpke issues. The entrance is by Meyers Tree Cutting place. That road is not big enough fr a truck to turn in without going into the opposite lane. Baudendistel noted that they should watch for notification of this. 20-40 trucks a day dump there. E document search on OHIO EPA # mswl018784 will give numerous articles on this. Oxbow is very involved right now per Kastner. Explosive gas monitoring alert. and other alerts  on site. 

Kastner also thanked the county for the ease of vaccination.

Mr. Rodmaker - SEI Communication- expressed interest in broadband expansion. Thatcher said they are currently focused on 2 sewer projects now. There’s not as much money for this. SEI is clearing lines and hanging wires- just getting started. Commissioners asked him to bring a proposal in to them for consideration. He will be back. Baudendistel said HB 1449 is for broadband and was signed today so they may want to get them to see if they can use some of that funding. 

ADJOURN- 6 P.M.

Christine Brauer Mueller

Lawrenceburg Township

AGENDA April 20th DC Commissioners Meeting

 AGENDA

DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING

 April 20, 2021 

5:00 p.m., Commissioners Room

County Administration Building

165 Mary Street, Lawrenceburg, Indiana

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. TITLE VI STATEMENT FOR COMPLIANCE

VI. OLD BUSINESS 

1. Right of Entry and Hold Harmless Agreement – Yorkville Property

2. Ordinance Establishing the ARP Coronavirus Local Fiscal Recovery Fund

 

V. NEW BUSINESS

1.  Dearborn County Anti-Litter Initiative – Celeste Calvitto

Litter clean up May 8^th – Jamison Road, headed up by Bright Fire Dept

2.  Dearborn County Extension Office, Liz Beiersdorfer

Signature for Contract with Indicom 

3.  Paul Grimsley, Town of Moores Hill Wastewater 

4.  INDOT Supplemental Contract for Bridge #64 – Hwy Engineer, Todd Listerman

VI. ADMINISTRATOR – Sue Hayden

VII. AUDITOR – Connie Fromhold

1.  Claims/Payroll/Minutes

VIII. ATTORNEY – Andy Baudendistel

1.  Grant of Utility and Access Easements

2.  Signatures on Survey re: Easement

3.  Signatures on Survey re: Sale of Hospital

IX. COMMISSIONER COMMENTS

X. LATE ARRIVAL INFORMATION

XI. PUBLIC COMMENT

XII. ADJOURN

DEARBORN COUNTY COMMISSIONERS PROCLAMATION ON COVID RESTRICTIONS

 Dearborn County Board of Commissioners

Proclamation to Issue Directives 

Regarding Governmental Operations

Whereas, there remains a “Public Health Emergency” in the State of Indiana due to the 

ongoing COVID-19 pandemic with the most recent renewal of the Public Health 

Emergency occurring with Governor Holcomb’s issuance of Executive Order 21-08 

on the 31^st day of March, 2021;

Whereas, the COVID-19 pandemic is an emergency that continues to threaten the health and 

wellbeing of the citizens of Dearborn County;

Whereas, by Executive Order 20-43 issued on the 24^th day of September, 2020, Indiana has 

been utilizing county-based measures to monitor the spread of COVID-19 using a color-coded system and this system remains in place but was modified by Executive Order 21-09 signed by Governor Holcomb on the 31^st day of March, 2021;

Whereas, in addition to the foregoing, Executive Order 21-09 also rescinded the statewide 

“mask mandate” in the State of Indiana, with the exception that masks will still be required in all State government buildings, on State property where social distancing cannot be maintained, at all COVID-19 testing and vaccination sites, and in all K-12 educational facilities;

Whereas, as of the 31^st day of March, 2021, Dearborn County remains in the Blue level, 

which is the lowest level.  Dearborn County will remain in the Blue level if citizens 

remain vigilant and take all precautions possible to limit the spread of COVID-19 in 

Dearborn County; 

Whereas, the Health Officer of Dearborn County, Dr. Stephen Eliason, and the Dearborn 

County Board of Commissioners believe that restrictions can be loosened, however, some should remain in place at this time to ensure that Dearborn County stays in the Blue level; and

Whereas, Executive Order 21-09 allows local governments to put restrictions in place that are 

more restrictive than the current orders of Government Holcomb and/or the Indiana State 

Department of Health.

Therefore, be it proclaimed by the Dearborn County Board of Commissioners as 

follows:

1. Beginning on the 6^th day of April, 2021, public access to all Dearborn County public buildings will be opened and no appointment or hearing will be required to enter any Dearborn County public building.  Citizens are still encouraged to only go to Dearborn County public buildings to conduct business that cannot be conducted by other means;

2. Individuals entering Dearborn County public buildings will still be required to wear a mask and socially distance while inside the public building.  Any individuals appearing for a Court hearing may remove their mask only if permitted to do so by the presiding Judge;

3. Social distancing MUST be maintained and masks MUST be worn at all meetings or hearings of any Dearborn County board.  Dearborn County board members may appear for meetings or hearings telephonically as permitted by current Executive Orders;

4. Individuals exhibiting symptoms of COVID-19 may be denied entrance to Dearborn County public buildings.  If a symptomatic individual is appearing for a Court hearing, the individual will only be denied entrance to the Dearborn County Government Center if excused by the Court where the hearing is to be held;

5. Any Dearborn County employees dealing directly with members of the public shall be required to wear a mask during these interactions;

6. Businesses located in Dearborn County are strongly encouraged to require masks and to strictly enforce social distancing; however, this determination shall be left up to each business.  Any business that wishes to continue requiring masks and strictly enforces social distancing will have the full support of the Dearborn County Health Department.  Social distancing of at least six feet (6’) between tables is still required in all restaurants and bars;

7. All businesses may operate at full capacity at this time; however, businesses are still required to abide by all Executive Orders of Governor Holcomb, directives of the Indiana State Department of Health, and any Orders of the Dearborn County Health Officer;

8. Should Dearborn County move to the Yellow, Orange, or Red levels, the following additional requirements will be implemented:

a. Masks will be required in all businesses and at all public gatherings if Dearborn County enters any level higher than the Blue level;

b. Social distancing will be strictly enforced if Dearborn County enters any level higher than the Blue level;

c. Businesses capacities will be limited as follows:

i. Yellow Level – 80% of full capacity;

ii. Orange Level – 65% of full capacity;

iii. Red Level – 50% of full capacity;

d. Social gatherings (including all sporting events) shall be limited as follows:

i. Yellow Level – 250 people;

ii. Orange Level – 100 people;

iii. Red Level – 50 people;

9. Fully vaccinated individuals (two weeks after last shot) are not required to quarantine because of “close contact” with a COVID-19 positive individual; however, quarantine requirements remain in place for those who have not been vaccinated;

10. Every eligible citizen of Dearborn County is STRONGELY ENCOURAGED to get themselves vaccinated as soon as possible.  As of the 31^st day of March, 2021, all individuals aged sixteen (16) years and older are eligible to be vaccinated;

11. Any “hot spots” that do not require modification of County-wide restrictions will be dealt with by the Dearborn County Health Department on a case-by-case basis;

12. The Dearborn County Health Officer is hereby granted the authority to take any and all steps necessary to limit the spread of COVID-19.  This authority includes, but is not limited to, the powers granted a local health officer under Title 16 of the Indiana Code.

13. These restrictions will be reviewed and modified as needed by the Dearborn County Board of Commissioners, upon consultation with the Dearborn County Health Officer, at all upcoming meetings until such time as the restrictions are no longer necessary.

All of which is proclaimed by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2021.

BOARD OF COMMISSIONERS

DEARBORN COUNTY, INDIANA

______________________________ ______________________________

JIM THATCHER, President ART LITTLE, Member

ATTEST: ______________________________

RICK PROBST, Member

______________________________

CONNIE FROMHOLD

County Auditor

This Proclamation prepared by:  Andrew D. Baudendistel, County Attorney, VOTAW & SCHWARZ, 60 East High Street, Lawrenceburg, Indiana 47025.  Phone (812) 537-4500.