31 July 2006 Dearborn County Plan Commission Meeting Notes
Has Plan Commission Reached Development Saturation Limit?
Present: Mark Mitter, Chairman, Patrick deMaynadier, Jane Ohlmansiek, Nick Held, Mike Hall, Jeff Hughes, Robert Laws, and Dennis Kraus, Jr.
Absent: Tarry Feiss
Also Present: Arnie McGill, Attorney, Mark McCormack, Planning Director, and Kate Rademacher, Enforcement Officer.
Others present included Richard Schmidt, Developer, Nicole Daily of Bayer Becker Eng, Jeff Stenger, Surveyor, Ralph Thompson, Republican candidate for Commissioner- D-3, and a room full of citizens. Register Publications was not present at this meeting.
Administrative:
The PC approved meeting Wed. Sept 6 from 6-8 PM with school corporations’ representatives.
DCRSD presented Woolpert Consultant’s Map of development areas to be considered for sewage. The staff reviewed it and found it to be SIMILAR to the Master Plan Land use maps with larger transition zones. Mitter wanted to know why they were proceeding without Master Plan or Plan Commission input. McCormack said Messmore indicated this was the process they were going through. Mitter asked: What process? No real answer to this. [NOTE: There certainly seems to be a lack of PUBLIC process or input on this.]There is also a push to get the sewer certification paperwork as part of the ordinance.
McCormack was told by the board consensus to get started on developing standards for the different R zones. They will have focus groups, advisory board again, and public input. Later in the meeting Kathy Scott requested that they put public input FIRST t help direct the process to the public’s desires. All advisory meetings are open to the public. The focus groups were not really. The issue with focus groups is that they seemed to be solely made up of development interests – much to the public’s dismay.
New Business:
1. Primary approval for 295-lot subdivision- Hidden Acres owned by Grubbs and Alexander and applicant is Maxwell Development. Location One Mile and Sneakville Roads in Logan and Miller Townships on 156.298 acres. This was rezoned as R-DP (with a concept development plan as part of the rezone approval.
Randy Maxwell presented after Mark McCormack reviewed the staff recommendations, comments, and slides. Maxwell described the knuckle areas on the map- essentially depicted as a cul de sac street with a 90-degree turn and a wide opening at that turn.
He discussed the different “neighborhoods” within the development for different types and spacing of homes. Frontages were 70-80 ft on smaller lots to 100 ft on larger ones.
LMH utilities had already planned an upgrade of 180,000 gpd. This sub’n will take about 91,000 gpd estimated using average home use of 310 gpd of sewage. Buildout estimated to be 10 years. They average 20 lots per year in the Bright area.
Public speakers were: Paul Vogel, Alan Freemond, Terry Evans, Norm Andrews, Dan Johnson, Ken Humbert, Betsy Sahlen, and Linda Mitchell.
Their comments included:
Access Road issues, Renck Road emergency only.
Could the board give 2-3 advantages that will occur for DC with this development?
LMH utilities current status with IDEM including capacity being exceeded 11 times in the last 42 months, “aromatic fragrances” which hopefully will decrease from the LMH plant, concerns for health issues with a lot of development going into this plant, detention ponds and West Nile, management of the ponds.
Potentially hoping they’d reduce the density to a more manageable level, character of the surrounding neighborhoods that weren’t subdivisions. R is worst investment for the county- heavy Industry is best investment, needs of the many outweigh the needs of a few.
Schools, roads, and sewage can’t keep up with this pace, tax issues; this ultimately affects how others view our county.
PC matters- your words will decide what the future of our county will be. Listen to us! Deep respect for the neighbors selling the property and also for Maxwells.- but don’t see how this development does anything good for the community.
Big issues with road safety- width, non-existent berms, foot traffic, farms on both sides of roads with livestock and horseback training.
Schools built with bonds but TAXES pay for maintenance and staffing.
Fire and EMS – county has NO MONEY to pay for it.
Bright is the most populated area in the county! [NOTE: Just where exactly are the boundaries of “Bright”?]Bright lacks parks and greenspace- it needs more facilities- not more people!
Here as concerned property owners and concerned citizens of the county. Involved citizens all across DC are becoming part of this process to get you to listen to us! “Do not ignore our concerns, our issues, and our voices. To do so is a terrible travesty of grass roots level democracy. Listen to us.” (Dan Johnson)
Subdivision is out of character with adjoiners- a chart was given to PC to show lot sizes surrounding the development.
Dan Johnson ended with: “We are all asking you to listen to us to fulfill your responsibility to preserve and maintain Dearborn County’s atmosphere, its balance of farm/rural and residential acreage, to live up to the commitments made by you and your predecessors. Please do not let unrestricted, overdeveloped subdivisions destroy out quality of life here in Dearborn County. Listen to us.”
[NOTE: The PC noted that this argument belonged more to a zone change- however, it should be noted that density issues speak to the infrastructure. And infrastructure is definitely part of the process on Primary plat approval. If it weren’t, then there would be no need for a PC board.]
Safety issues on One Mile Road and adt volumes were discussed. Currently at 2,000 adt and is designed for 400. Who will pay for all this improvement- builder or taxpayer?
May 2006 SD schools long-term facility needs study was released. This study should be PART OF YOUR DECISION MAKING PROCESS!
Average lot size surrounding this is 2.84 acres. This is not fitting in with the character.
Even reducing it to 1.5 acres would be a big help.
Public discussion ended at 8:45PM
Board discussions:
Todd Listerman gave then the traffic study info on One-Mile Road and also the thought that no improvements were in the works yet for this road as the point system has not been implemented. He said he basically has to redrive the roads to see what’s really meant by “paved” in the study and also to see what the condition ratings meant. [NOTE: It might be useful to talk to Erin Peterson of ME (formerly of Parsons Brinkerhoff) as she did the transportation study.]
Mitter noted no impact fees in the county and unless there are written commitments the taxpayers pay for improvements. [NOTE: Maxwell is known for levying his own “impact fee” of sorts by volunteering to do the improvements needed. The PC has on occasion added to those requests to be sure it is really safe to the intersection with the next main street.]John Maxwell detailed the detention ponds structure and the under drain system they will install under these ponds. They are designed to be dry within hours of a heavy rain and to be mowed and walked upon.
Maxwell also thinks a 3-way stop would be a good idea at the intersection of Grubbs and One- Mile to help manage the traffic there. They are willing to install it.
They want to develop from S end first as sewer line is there.
Public noted they were still waiting on an answer to Alan Freemond’s question as to 2-3 advantages to the community from this development. Mitter’s response was that the advantages would be more appropriate at a zone change. [NOTE: Mitter missed the boat here. If you can’t come up with 2-3 community advantages after all this discussion, then why was this approved for rezone in the first place? Maxwell could have come up with 2 just from this previous discussion.]
Kraus, Jr. said there are 15 points that a primary plat has to satisfy and that’s all they have to consider.
I asked then at this point to look at p13- section 100 of the Subdivision Ordinance and the 9 reasons for even going through a sub’n approval process. Esp # 5 and 7. [NOTE: This was to get them to step back and look at density as it relates to how many services exist and how much strain this would or wouldn’t put on the community systems.]
Board comments:
Jane Ohlmansiek and Mike Hall- Grubbs Road needs to be finished at the beginning during Phase 1 so there is 2-way access. It falls into current zone- though dense.
Nick Held- Road extension of Grubbs to One Mile is definitely an amenity [NOTE: There’s ONE ADVANTAGE.] Agrees with Mike and Jane on density and Grubbs Road done at Phase 1.
Patrick deMaynadier- Has density concerns. Section 216 Subsection 11 and roadway requirement and Section 135 says that if there is a conflict between the subdivision control ordinance and other laws the higher standards prevail. The comp plan is a higher standard. He is concerned with the tax base issue. Item #3 in the comp plan dovetails with 216 subsection 11 and adequate utilities. We are to put development where high level of infrastructure exists- where there is roadway, sewer, and the least strain on services. Schools concern also. Pace and Place development!
Kraus Jr. asked about commitments on vegetation and buffers. None were placed on this.
Jane Ohlmansiek said tat planting a few trees can help avoid conflict of uses- we should do it.
Dennis Kraus Jr. – has no issues with this.
Bob Laws- Grubbs Drive – finish early on. Not here to look at FD and schools tonight. [NOTE: Audience replied- who does?]Jeff Hughes – no problems with this development.
Mitter- Concerns with schools, One Mile Road. Schools not defensible in court. Density is an issue. This is an R-DP request- it was approved for rezone at this density.
Ohlmansiek motioned to grant primary approval stipulating that Grubbs Road be completed at Phase 1.
(Couldn’t add 3-way stop as it was not in their jurisdiction to require that- per Listerman)
Laws 2nd.
5 Ayes. 2 Nays- Hall and deMaynadier.
Approved.
Recess- resumed at 9:45 PM
2. Zone change from Ag to R for 124.81 acres on Mt. Pleasant Road Logan Township. Owner- Lonnie and Sally Steele (the farm golf course) and applicant Maxwell Development. Plan says a max of 200 homes.
Robert Laws stepped down. Conflict of Interest.
McCormack noted in his report that St. Leon sewer line extends down the road to the Golf Course and Rohe’s Condo development site. They will service the subdivision.
Randy Maxwell presented. They will incur costs to upgrade REMC’s feeder line to this development. They worked with Steele’s for 3 years on this and the golf business hasn’t been that good. They are leaving the 5 acres of B zone out of the request. Steele’s still own that.
In 1876 his 4x great grandfather came up Mt. Pleasant and settled there. John Maxwell lives there and Randy grew up there. Excellent I-74 access down the improved Whites hill road. Logan someday will be like Bright. This is phase 1 of a 4-5 phase MASTER PLAN THAT THEY HAVE FOR LOGAN! [NOTE: YIKES! Does the Maxwell “master plan” get submitted to the public for discussion and possible approval? Or is this their private development plan?]Across the street the PC approved a density of 3/acre – condos.
WE DON’THAVE A DCRSD LETTER AS THEY ARE CURRENTLY WITHOUT AN ATTORNEY. [NOTE: DCRSD has not announced anything regarding their change of attorney, Lisa Lehner.]
We are in St. Leon CTA here. We will widen Mt. Pleasant to 22 ft along the property- though harder as the electric poles are here. Most traffic will head North on Mt. Pleasant. Sewer will be mostly gravity with lift stations to be given to St. Leon after warranty period. They are feeding to a 6 “ forced main – which “is a lot of sewer.”
Public comment:
Sandra Weisgerber wanted to know if she could access the subdivision road as a way out of her property. Yes.
Wanted to know about drainage also and design was explained.
Randy Maxwell doesn’t like the term “worst case” scenario when discussing density. Thinks that it’s a good thing to be dense with respect to smart growth.
Cliff Eibeck wanted to know the answer to Freemond’s questions on this zone change. Can they name 2-3 advantages for the community? You danced around it at that last application. The benefit I see is that he’s relieving Lonnie and Sally of that white elephant of a golf course. Mt. Pleasant is on the 30-year plan but it has more hills than Vail Colorado!
Ralph Thompson- in more general terms is anyone looking at the aggregate effects of this on schools. By state law they have to provide schools, but bond issues are paid back with taxes. Utilities and infrastructure- hard surfaces increasing run-off. Our zone changes should allow for various levels of R development.
Irwin Diehl- observed a lot of meetings- interesting contrast here. Road improvements are happening here- but not required in the previous case, which was higher density. Mr. Maxwell LIVES in this neighborhood- and this density is less and has more improvements proposed. Cart before horse- infrastructure improved BEFORE development. Sewer systems are in violation all over the county. (VRUC, Aurora, LMH,) Developers are waiting in line to do development in Dearborn County. The amount of applications in process is unprecedented. Character should fit the existing community.
10:30 PM Public discussion ended.
Todd Listerman- County Engineer- show all proposed accesses to this and also accesses to other properties!
In this rezone Listerman wants to know the # of houses accessed off a dead-end street. He came up with Residential streets booklet endorsed by the Urban Land Institute, Home Builders Ass’n, Civil Engineers, and Transportation Engineers. They say 200 vpd for single point access- That’s 20- max 25 homes.
[NOTE: Well that fits into our old cul de sac discussions!]
Listerman noted traffic will take Mt. Pleasant to a Category 3 collector so they have to upgrade to North Dearborn t this level. That intersection is also deficient. Turn lane needed.
Board discussion:
In a nutshell- several think the density is an issue here as three sides are Ag uses. They want to see connectivity to all properties. They are concerned with Mt. Pleasant upgrades including hill and width. They wonder what the cumulative effect of all this development is going to do to the services in the area.
Randy Maxwell passed out his master plan for Logan at this point, including patio homes to the north. Thinks we will never get a magic answer to impact questions, as it is development specific. Thinks the higher end of this development will balance out some of the tax issues. They will connect roads in this development. Had separated them to neighborhoods, but can fix that. Wanted accident report on Mt. Pleasant to indicate safety. Mitter noted vertical and width issues concerns.
De Maynadier motioned to give an unfavorable recommendation based on 540 #2 current character and conditions not being consistent, specifically density. Held 2nd. 4 Ayes, 3 Nays (Hughes, Kraus, Jr, and Mitter)
FAILED MOTION
Randy Maxwell asked why condos density across the street was OK.
Hall said CUMULATIVE EFFECTS- the golf course helped balance it. Pace is too fast. Look what all is going on around here on these roads!
Randy Maxwell said the market determines the pace.
DeMaynadier said that will determine the rate of demand- but we can determine the rate of supply.
Do we need to call a time out on subdivisions? Kraus, Jr.- Even though I didn’t vote for unfavorable- the cumulative effect schools is a concern.
Randy Maxwell cited 1-2% growth rate in current school study- other school districts thinks that’s great- not John Roeder though. [NOTE: Percentages are funny statistics. Example 2% of about 1500 students is 30. 2% of 4500 is 90. SD Schools are about 3 times the size of L-bg’s for example.]
More discussion on needing to see a picture of lots and where the e big one and small ones are in relation to the Ag side of the community. Also noted the confusing message we are sending to developers.
Jane Ohlmansiek noted that an architect shows on drawings how to fit 350 people comfortably into a room. In a plan- drawing lot lines shows the space used and how it can “comfortable” fit in.
De Maynadier tried to get the board to decide something with an unfavorable motion under 540 with no specifics, which died for lack of a 2nd.
John Maxwell spoke saying- If we draw lot lines this will probably have 175 homes. We don’t want an unfavorable. We want to do business here with you (the PC).
We’d like to fix the road all the way to North Dearborn intersection and chop the hills off to make it safer. Would like to fix intersection, but there is a stone wall there, etc.
Would like to table this!
Randy Maxwell- can we come back in 60 days?
DeMaynadier motioned to table for up to 90 days. Hall 2nd. All ayes.
MORE ADMINISTRATIVE:
McCormack reported:
Tom Kent wants to withdraw his written commitments and wants to come back to the PC before it goes to the commissioners. Wants to eliminate turn lanes and the long boulevard entrance. He talked to some PC members about this. Mitter advised the board that it is UNETHICAL to discuss an application with the applicant. Hall said- it was only to tell him who he needed to talk to about it.
Tucker and Schmidt wanted to go down to 109 homes from 131- didn’t know if this was a substantial change and could it be reheard.
Also noted problems with the tape have been on-going and other boards have issues with it too. Bring it to budget hearings to see if they can get it resolved and paid for.
He’s talked to Cary Pickens also.[NOTE: Just FIX IT!]
Scheduled working sessions for Aug 21 7-9 PM for discussion of issues and concept development plans.
Meeting adjourned at 12:15 AM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, August 01, 2006
Tuesday, July 25, 2006
24 July 2006 Dearborn County Plan Commission Meeting Notes
PC Nixes White Farm Zone Change Due To Density Concerns
24 July 2006 Dearborn County Plan Commission Meeting Notes
Present: Jane Ohlmansiek, Acting Chairman, Patrick deMaynadier, Nick Held, Mike Hall, Jeff Hughes, and Dennis Kraus, Jr.
Absent: Mark Mitter, Tarry Feiss, and Robert Laws
Also Present: Arnie McGill, Attorney, Mark McCormack, Planning Director, and Kate Rademacher, Enforcement Officer.
1. Tom Kent requested to be tabled for modifications to written commitments for Perfect View Zone Change. (on SR1 near Salt Fork) PZ didn’t know if he’d return in August or September.
2. White Farm Development, LLC (Schmidt and Tucker) with Bayer Becker as applicant requested a zone change from Ag to R on 56 acres for 131 homes in Logan Township. The property is bounded by Gaynor Ridge, Short, and North Dearborn Roads.
224 homes would be allowed on this site if there were no restrictions on the R zone. The project is considered to be high density at about .4 acres per lot. Short Rd. was to be realigned to meet EZ Way at Harley Springs and make for safer access. Only the road areas adjacent to the development were to be upgraded by the developer. Road areas beyond the development are still deficient and the county has no timetable for the improvement to Gaynor Ridge or Short. North Dearborn is on the 2030 road plan and slated for federal aid.
Tucker was willing to give written commitments as to the 131 homes and road improvements along the development should they get a favorable recommendation.
DCRSD letter said they “seek to provide” sewage access with St. Leon. (in other words, it isn’t there yet) [NOTE: This means all the large lots and farms along the route will be forced to hook on- as that is St. Leon’s stance in every sewer extension.]
Todd Listerman stated they will remove trees along part of Gaynor Ridge in the ROW to improve sight distance.
PUBLIC COMMENT:
Terry Powell- asked for the definition of a category 3 road. (6 ft shoulders, 50 ft row and designed for 45 mph etc.)
He gave the densities of the areas around this as being 1 acre or more.- and many being large lots of 10 –20 acres.
He was concerned that the Short Road people will feel like they are part of the subdivision now.
Bill Williams – Lutz Road-lives below the Harley Springs addition- talked about the traffic patterns in the area. Said North Dearborn was to be realigned and was promised when Harley Springs came in- never happened. Noted that Mr. White is deceased and Mrs. White is in NH in Greensburg. [NOTE: Tucker corrected this later- Mrs. White lives with her daughter in Greensburg.]
He noted all the people from Harley Springs who invade his land with quads as there is no recreation on their home sites. And the Sheriff’s dept. does NOT deal with these quads. He said the taxes on these homes do not pay for the school system. –“it doesn’t begin to pay their way.” Pointing to the people in the audience he said: “You might as well put a damn (excuse my French) gun to their heads and just take their money!”
Where’s the industry? It’s going away. You have a responsibility here. Someone wants to make a lot of money and the infrastructure is not there. You are taking money- stealing- from the people who have lived here all along. [NOTE: Applause from audience.]
Todd Schumate- Gaynor Ridge- the 4th obligation in your list is to maintain current property values. Current lot size proposed is small and so homes will be smaller and less valuable, hence devaluing adjacent homes. Lower income families will move into what is currently a very nice neighborhood. He’s a lieutenant in FD and says the commissioners will have to learn they will have to spend taxes to upgrade Fire EMS and schools for all this development.
Bob Gaynor- noted car count done after school was let out. Has to close windows to keep noise out now. In this development there will be about 4 acres of hard surface for runoff. Drainage issues. Schools and tax increases a concern. DO NOT SELL THE FARMS FOR DEVELOPMENT. There are 6 farms on Gaynor Ridge with livestock. Town people don’t recognize farm vehicles and let their dogs out into our fields. Liability insurance is increased. Asked them NOT to approve this.
Tom Gaynor- He and his son own livestock operation. Estimates 1310 trips per day from the subdivision. Try moving farm equipment now- and have to juggle it around school schedules. Everyone is in a hurry. Cars and trucks drive up onto our fields now due to less ROW on Gaynor Ridge. Wants 2 acre lots- If they can’t afford 2 acres- they can’t afford the schools either. The comp plan says – preserve rural life- where is the concern for those of us who have lived here 60 years or more? (Zinsers, Johnstons, Gaynors, Hartmans, etc)
Brian Richardson- North of development- noted this is 2.5 times the average worst-case density around it. Property value issues. In his opinion- the most desirable use for this land is a farm as it is flat and tillable. Use eroded land for subdivision- not good ground. Intersection is dangerous for kids on busses etc. Don’t want to get anyone in trouble, but the person doing the traffic study was sleeping in his car…
Glen Richardson – (father of Brian)- lived here 25 years and enjoyed every bit of it. Thinks change is good- but high density may not be the best use of this land. Gaynor Ridge needs work in several places. OK- if it were similar to density around it.
Karen and Patty- Zinser sisters- 6 out of 7 Zinsers living on their farm- This is out of scale to area0 traffic issues. First she heard of people wanting to cut down her trees. (Listerman said only in the county ROW- and only those affecting sight distance) Noted litter, quads, and trespass issues. Wondered about wildlife in area. Fix all of Gaynor Ridge if you allow this. Wondered about drainage on the site as their dad used to farm it- concerned with detention ponds.
End Public comment.
Rosenberger of Becker Bayer- addressed traffic study allegations stating they’d been out there 4 times doing the study. Tucker said Harley Springs was .5 - .75 acre lots. His lots will be 80-90 ft by 175 ft. They could build a 6,000 sq ft house on it! Their average home price will be $200K and 2,000 sq ft. RAW LAND VALUES WENT UP THE DAY WE BOUGHT THIS FARM! [NOTE: This farm was bought at auction at prices in excess of development purchases in the county.]
Tucker cited Brookestone Way Project and sales in Bright and concluded that they had actually increased property values in the vicinity. He used prices and average length on the market to bolster that claim. He said SD schools were in the 41st percentile in the state for taxes. Low-income people won’t buy $200K homes. He said all his letters are in for services needed.
Tucker called this a “dream property with excellent road access and all available utilities.” They will remove 4’caliper trees to get sight distance and also realign Short.
Bob Gaynor reminded board that Gaynor Ridge only has 33 ft ROW.
Board discussion:
Jeff Hughes- when will North Dearborn be paved? Listerman said on 2030 plan- no date yet.
Other roads are not scheduled.
Not sure about the density- has to think about it.
Mike Hall- Density is biggest issue- traffic and barns and homes on Gaynor ridge on opposite sides of the road on some farms. Short Road is dangerous intersection. Density is being proposed because of the cost of the land and improvements. Doesn’t think ¼ acre lots work here.
Patrick deMaynadier- Criteria in 540 and comp plan page 148 on land use says it should promote the tax base that supports the infrastructure. $200K homes cost more than they contribute to the infrastructure. If promoted they should be where there is a high level of infrastructure already in existence. There are huge issues of safety around this- people aren’t flying in on a rocket ship- they are driving in from other areas of the county- roads have to be adequate.
We are to look at current uses in the area- I didn’t see any houses hardly all the way around the property in the pictures. High density is NOT there. I wonder what the appropriate density is out there.
Dennis Kraus, Jr. – Density is higher than we might want here. Road issues. Would be more comfortable with existing density.
Nick Held- Density sticks with me- as the current character is not this dense. The Short Rd. alignment is beneficial.
Jane Ohlmansiek- Would rather have an R zone if it’s developed, but I don’t like this density here. Concerned with roads around it, and the rest of Gaynor Ridge is an issue- not just fixing the space around the subdivision.
Tucker said it’s really .4-.5 acre lots- only a few ¼ acre lots.
DeMaynadier motioned and Held 2nd to pass on an UNFAVORABLE RECOMMENDATION to the commissioners based on the density being too high and not fitting in with the current conditions and character in the area under Section 540. 5 Ayes including the chairman. Nay from Jeff Hughes.
9:45 PM- ADMINISTRATIVE:
Ordinance changes in text:
Major and Minor Site plan review texts approved as clarified to go on to commissioners.
Plan Commission sent the 2 year period back to commissioners- who wanted 1 year wait period. PC likes it as is- as it was already a compromise.
Set back texts approved also.
Copies are available at PC office- 537-8821.
Sign Ordinance revisions due to the Constitutionality lawsuit from Dorothy White:
Suggestions to revise the proposed text to allow for 32 sq ft signs (a sheet of plywood is 8x4=32), have no time limit (was suggested at 60 days and eliminated that) and they have to be out of county ROW same as all other signs. One sign per property. Complete text and conditions available at PC office also. Approved by PC and sent to commissioners for their approval.
PC members received a booklet from Listerman on standards for roadways. They will have a working session with Listerman in a month or so to discuss these.
US 50 Workshop 6-8 PM Wed July 26 at Lawrenceburg High School. There are several proposals on the table to look at- all are urged to attend. The PUBLIC IS WELCOME.
McCormack still trying to get school board meeting together. Contact issues this month with vacations etc.
Stonebrook Estates- old Gabbard Estate- will be requesting an extension of primary plat- their expires in Nov 2006 (2 years is up) They are now talking about rezoning part of it to Business. Traffic study would have to be preformed for that also. Board was informed of sewer issues with Aurora and idem, Dillsboro, and DCRSD too.
Woolpert gave PZ office a map of sewer areas potentially- wants to know if it matched the master plan. [NOTE: Why not just USE the master Plan?]
Woolpert is trying to get a projected percentage of Industry/Commercial/Residential in the county also. PC decided to hold on OKing this map, as they have to complete the master plan land use maps first.
Meeting adjourned at 10:10 PM
Christine Brauer Mueller
Lawrenceburg Township
24 July 2006 Dearborn County Plan Commission Meeting Notes
Present: Jane Ohlmansiek, Acting Chairman, Patrick deMaynadier, Nick Held, Mike Hall, Jeff Hughes, and Dennis Kraus, Jr.
Absent: Mark Mitter, Tarry Feiss, and Robert Laws
Also Present: Arnie McGill, Attorney, Mark McCormack, Planning Director, and Kate Rademacher, Enforcement Officer.
1. Tom Kent requested to be tabled for modifications to written commitments for Perfect View Zone Change. (on SR1 near Salt Fork) PZ didn’t know if he’d return in August or September.
2. White Farm Development, LLC (Schmidt and Tucker) with Bayer Becker as applicant requested a zone change from Ag to R on 56 acres for 131 homes in Logan Township. The property is bounded by Gaynor Ridge, Short, and North Dearborn Roads.
224 homes would be allowed on this site if there were no restrictions on the R zone. The project is considered to be high density at about .4 acres per lot. Short Rd. was to be realigned to meet EZ Way at Harley Springs and make for safer access. Only the road areas adjacent to the development were to be upgraded by the developer. Road areas beyond the development are still deficient and the county has no timetable for the improvement to Gaynor Ridge or Short. North Dearborn is on the 2030 road plan and slated for federal aid.
Tucker was willing to give written commitments as to the 131 homes and road improvements along the development should they get a favorable recommendation.
DCRSD letter said they “seek to provide” sewage access with St. Leon. (in other words, it isn’t there yet) [NOTE: This means all the large lots and farms along the route will be forced to hook on- as that is St. Leon’s stance in every sewer extension.]
Todd Listerman stated they will remove trees along part of Gaynor Ridge in the ROW to improve sight distance.
PUBLIC COMMENT:
Terry Powell- asked for the definition of a category 3 road. (6 ft shoulders, 50 ft row and designed for 45 mph etc.)
He gave the densities of the areas around this as being 1 acre or more.- and many being large lots of 10 –20 acres.
He was concerned that the Short Road people will feel like they are part of the subdivision now.
Bill Williams – Lutz Road-lives below the Harley Springs addition- talked about the traffic patterns in the area. Said North Dearborn was to be realigned and was promised when Harley Springs came in- never happened. Noted that Mr. White is deceased and Mrs. White is in NH in Greensburg. [NOTE: Tucker corrected this later- Mrs. White lives with her daughter in Greensburg.]
He noted all the people from Harley Springs who invade his land with quads as there is no recreation on their home sites. And the Sheriff’s dept. does NOT deal with these quads. He said the taxes on these homes do not pay for the school system. –“it doesn’t begin to pay their way.” Pointing to the people in the audience he said: “You might as well put a damn (excuse my French) gun to their heads and just take their money!”
Where’s the industry? It’s going away. You have a responsibility here. Someone wants to make a lot of money and the infrastructure is not there. You are taking money- stealing- from the people who have lived here all along. [NOTE: Applause from audience.]
Todd Schumate- Gaynor Ridge- the 4th obligation in your list is to maintain current property values. Current lot size proposed is small and so homes will be smaller and less valuable, hence devaluing adjacent homes. Lower income families will move into what is currently a very nice neighborhood. He’s a lieutenant in FD and says the commissioners will have to learn they will have to spend taxes to upgrade Fire EMS and schools for all this development.
Bob Gaynor- noted car count done after school was let out. Has to close windows to keep noise out now. In this development there will be about 4 acres of hard surface for runoff. Drainage issues. Schools and tax increases a concern. DO NOT SELL THE FARMS FOR DEVELOPMENT. There are 6 farms on Gaynor Ridge with livestock. Town people don’t recognize farm vehicles and let their dogs out into our fields. Liability insurance is increased. Asked them NOT to approve this.
Tom Gaynor- He and his son own livestock operation. Estimates 1310 trips per day from the subdivision. Try moving farm equipment now- and have to juggle it around school schedules. Everyone is in a hurry. Cars and trucks drive up onto our fields now due to less ROW on Gaynor Ridge. Wants 2 acre lots- If they can’t afford 2 acres- they can’t afford the schools either. The comp plan says – preserve rural life- where is the concern for those of us who have lived here 60 years or more? (Zinsers, Johnstons, Gaynors, Hartmans, etc)
Brian Richardson- North of development- noted this is 2.5 times the average worst-case density around it. Property value issues. In his opinion- the most desirable use for this land is a farm as it is flat and tillable. Use eroded land for subdivision- not good ground. Intersection is dangerous for kids on busses etc. Don’t want to get anyone in trouble, but the person doing the traffic study was sleeping in his car…
Glen Richardson – (father of Brian)- lived here 25 years and enjoyed every bit of it. Thinks change is good- but high density may not be the best use of this land. Gaynor Ridge needs work in several places. OK- if it were similar to density around it.
Karen and Patty- Zinser sisters- 6 out of 7 Zinsers living on their farm- This is out of scale to area0 traffic issues. First she heard of people wanting to cut down her trees. (Listerman said only in the county ROW- and only those affecting sight distance) Noted litter, quads, and trespass issues. Wondered about wildlife in area. Fix all of Gaynor Ridge if you allow this. Wondered about drainage on the site as their dad used to farm it- concerned with detention ponds.
End Public comment.
Rosenberger of Becker Bayer- addressed traffic study allegations stating they’d been out there 4 times doing the study. Tucker said Harley Springs was .5 - .75 acre lots. His lots will be 80-90 ft by 175 ft. They could build a 6,000 sq ft house on it! Their average home price will be $200K and 2,000 sq ft. RAW LAND VALUES WENT UP THE DAY WE BOUGHT THIS FARM! [NOTE: This farm was bought at auction at prices in excess of development purchases in the county.]
Tucker cited Brookestone Way Project and sales in Bright and concluded that they had actually increased property values in the vicinity. He used prices and average length on the market to bolster that claim. He said SD schools were in the 41st percentile in the state for taxes. Low-income people won’t buy $200K homes. He said all his letters are in for services needed.
Tucker called this a “dream property with excellent road access and all available utilities.” They will remove 4’caliper trees to get sight distance and also realign Short.
Bob Gaynor reminded board that Gaynor Ridge only has 33 ft ROW.
Board discussion:
Jeff Hughes- when will North Dearborn be paved? Listerman said on 2030 plan- no date yet.
Other roads are not scheduled.
Not sure about the density- has to think about it.
Mike Hall- Density is biggest issue- traffic and barns and homes on Gaynor ridge on opposite sides of the road on some farms. Short Road is dangerous intersection. Density is being proposed because of the cost of the land and improvements. Doesn’t think ¼ acre lots work here.
Patrick deMaynadier- Criteria in 540 and comp plan page 148 on land use says it should promote the tax base that supports the infrastructure. $200K homes cost more than they contribute to the infrastructure. If promoted they should be where there is a high level of infrastructure already in existence. There are huge issues of safety around this- people aren’t flying in on a rocket ship- they are driving in from other areas of the county- roads have to be adequate.
We are to look at current uses in the area- I didn’t see any houses hardly all the way around the property in the pictures. High density is NOT there. I wonder what the appropriate density is out there.
Dennis Kraus, Jr. – Density is higher than we might want here. Road issues. Would be more comfortable with existing density.
Nick Held- Density sticks with me- as the current character is not this dense. The Short Rd. alignment is beneficial.
Jane Ohlmansiek- Would rather have an R zone if it’s developed, but I don’t like this density here. Concerned with roads around it, and the rest of Gaynor Ridge is an issue- not just fixing the space around the subdivision.
Tucker said it’s really .4-.5 acre lots- only a few ¼ acre lots.
DeMaynadier motioned and Held 2nd to pass on an UNFAVORABLE RECOMMENDATION to the commissioners based on the density being too high and not fitting in with the current conditions and character in the area under Section 540. 5 Ayes including the chairman. Nay from Jeff Hughes.
9:45 PM- ADMINISTRATIVE:
Ordinance changes in text:
Major and Minor Site plan review texts approved as clarified to go on to commissioners.
Plan Commission sent the 2 year period back to commissioners- who wanted 1 year wait period. PC likes it as is- as it was already a compromise.
Set back texts approved also.
Copies are available at PC office- 537-8821.
Sign Ordinance revisions due to the Constitutionality lawsuit from Dorothy White:
Suggestions to revise the proposed text to allow for 32 sq ft signs (a sheet of plywood is 8x4=32), have no time limit (was suggested at 60 days and eliminated that) and they have to be out of county ROW same as all other signs. One sign per property. Complete text and conditions available at PC office also. Approved by PC and sent to commissioners for their approval.
PC members received a booklet from Listerman on standards for roadways. They will have a working session with Listerman in a month or so to discuss these.
US 50 Workshop 6-8 PM Wed July 26 at Lawrenceburg High School. There are several proposals on the table to look at- all are urged to attend. The PUBLIC IS WELCOME.
McCormack still trying to get school board meeting together. Contact issues this month with vacations etc.
Stonebrook Estates- old Gabbard Estate- will be requesting an extension of primary plat- their expires in Nov 2006 (2 years is up) They are now talking about rezoning part of it to Business. Traffic study would have to be preformed for that also. Board was informed of sewer issues with Aurora and idem, Dillsboro, and DCRSD too.
Woolpert gave PZ office a map of sewer areas potentially- wants to know if it matched the master plan. [NOTE: Why not just USE the master Plan?]
Woolpert is trying to get a projected percentage of Industry/Commercial/Residential in the county also. PC decided to hold on OKing this map, as they have to complete the master plan land use maps first.
Meeting adjourned at 10:10 PM
Christine Brauer Mueller
Lawrenceburg Township
County Animal Response Team Forms- CART
County Animal Response Team Forms- CART
County Animal Response Teams (CART) are now forming to serve the following counties in Ohio and Indiana: Dearborn, Hamilton, Butler, Warren and Clermont. Future expansion to other tri-state counties is expected as the number of teams grows.
A CART will respond when activated by the county Emergency Manager (or other government official.) Our job will be to rescue and care for animals that are affected by any local man-made or natural disaster or emergency.
==== == ====
Possible disasters include, but are not limited to: severe winter storms, extended power outage, tornados, floods, fires, chemical spills, disease outbreak, civil unrest, evacuations and terrorist acts.
The animals that could be affected include: dogs and cats (pets and strays), horses, livestock, exotic animals, and wildlife. Second Chance wildlife is available to take care of the wild animals; the CART will care for the rest of the affected animals.
HOW CAN YOU HELP? First, please be sure you have plans and supplies ready for yourself and the animals in your care. Many disasters and emergencies happen suddenly. If you are not prepared in advance, you will require the assistance of various agencies. It is likely that it will take a few days for these agencies to get in place and organized, which means you are on your own until that happens (this could take days.) It is likely that the agencies will be overloaded with calls for help, which will further delay the speed of assistance to some people. If you can care for yourself and your animals during the first several days after a disaster, this helps reduce the impact of a disaster on you, your animals and the community. All CART members must have their own plans and supplies in place for their family and animals.
Ø JOIN US! There are many ways you can help the CART team in your county (or on a tri-state level):
Ø Team Captains are needed in each county (the team Captain is the lead person for the CART of that county and oversees the whole team)
Ø Team Lieutenants are needed in each county (this person will help the team captain and take over their duties if the captain is not available)
Ø Animal Sheltering and Care Team leader and members (these people will help the animals once they reach a temporary shelter)
Ø Animal Rescue Team Leader and members (these people will be most involved with the actual rescues and will need extensive training)
Ø Human Resources Team leader and members (these people manage the members of the county team)
Ø Logistics Team Leader and members (Logistics handles all the “stuff” – equipment, communications, resources, etc.)
Ø A host of volunteer opportunities exist. Some require extensive involvement while others would only be needed during a disaster or emergency.
==== == ====
Join the Yahoo talk list to remain informed:http://groups.yahoo.com/ group/DisasterResponse and check the files at that website for lots of additional information. This is also where announcements of meetings and training opportunities will be posted.
Be ready… Have a plan and have the supplies you and the animals in your care need to survive without power for up to 5 days. Also prepare an evacuation kit and know where your animals can go if there is an emergency.
Dearborn Count Team Captain
Chris Puls (513)313-5113
dogscouts@hotmail.com
County Animal Response Teams (CART) are now forming to serve the following counties in Ohio and Indiana: Dearborn, Hamilton, Butler, Warren and Clermont. Future expansion to other tri-state counties is expected as the number of teams grows.
A CART will respond when activated by the county Emergency Manager (or other government official.) Our job will be to rescue and care for animals that are affected by any local man-made or natural disaster or emergency.
==== == ====
Possible disasters include, but are not limited to: severe winter storms, extended power outage, tornados, floods, fires, chemical spills, disease outbreak, civil unrest, evacuations and terrorist acts.
The animals that could be affected include: dogs and cats (pets and strays), horses, livestock, exotic animals, and wildlife. Second Chance wildlife is available to take care of the wild animals; the CART will care for the rest of the affected animals.
HOW CAN YOU HELP? First, please be sure you have plans and supplies ready for yourself and the animals in your care. Many disasters and emergencies happen suddenly. If you are not prepared in advance, you will require the assistance of various agencies. It is likely that it will take a few days for these agencies to get in place and organized, which means you are on your own until that happens (this could take days.) It is likely that the agencies will be overloaded with calls for help, which will further delay the speed of assistance to some people. If you can care for yourself and your animals during the first several days after a disaster, this helps reduce the impact of a disaster on you, your animals and the community. All CART members must have their own plans and supplies in place for their family and animals.
Ø JOIN US! There are many ways you can help the CART team in your county (or on a tri-state level):
Ø Team Captains are needed in each county (the team Captain is the lead person for the CART of that county and oversees the whole team)
Ø Team Lieutenants are needed in each county (this person will help the team captain and take over their duties if the captain is not available)
Ø Animal Sheltering and Care Team leader and members (these people will help the animals once they reach a temporary shelter)
Ø Animal Rescue Team Leader and members (these people will be most involved with the actual rescues and will need extensive training)
Ø Human Resources Team leader and members (these people manage the members of the county team)
Ø Logistics Team Leader and members (Logistics handles all the “stuff” – equipment, communications, resources, etc.)
Ø A host of volunteer opportunities exist. Some require extensive involvement while others would only be needed during a disaster or emergency.
==== == ====
Join the Yahoo talk list to remain informed:http://groups.yahoo.com/ group/DisasterResponse and check the files at that website for lots of additional information. This is also where announcements of meetings and training opportunities will be posted.
Be ready… Have a plan and have the supplies you and the animals in your care need to survive without power for up to 5 days. Also prepare an evacuation kit and know where your animals can go if there is an emergency.
Dearborn Count Team Captain
Chris Puls (513)313-5113
dogscouts@hotmail.com
Saturday, July 22, 2006
20 July DCRSD Meeting Notes
20 July 2006 DCRSD Meeting Notes
Present: Brett Fehrman, Acting Chairman, Holland, Pruss, Dennerline, and Maxwell.
ABSENT: Hankins and Enzweiler
Also Present: Quinn, Engineer, Baer, Health Dept, and Messmore, Administrator
Also Absent: Lehner, Attorney
In audience: In addition to people mentioned in Special requests, Jerry Jacobsen (from SDRSD) and Kathy Jacobsen, Jim West (DCEDI), Mark Mitter (Council), and Vera Benning (Commissioner)
Special requests:
Beth O’Leary of Serenity Ridge presented data on lot owners desiring sewer hook-ups now or for in the future. 13 out of 19 responded. 2 of the 13 were opposed. Several of the others had already installed septic tanks, but would be interested in future sewer option. She spoke to Jim Stotts who also owns a lot up there (he “developed” the subdivision) and he wants sewer too. Jay Tucker told her it could be done for about $100,000. Quinn to check it out and report to board.
Jeff Costello wants hook-up for potentially 2 homes on Lower Disllboro Road about 500 ft from where the Stewart St. line will come out. There is a 2 “ lateral that Chipman installed a whle ago and they are considering recertifying that as a main. Waiting till next year to consider this.
OLD BUSINESS:
Greendale Agreement- no mention of attorney work getting the agreements drawn up- but Baer had put descriptions of 3 of the 4 areas in their packets. Ameritk was missing- possibly due to it not being approved yet.
Stewart Street and Cole Lane- Turner of Aurora wants to bid on the project also- board saw no problem with that. Maxwell concerned that it wasn’t PRUDENT to proceed with this until we have an agreement to transport and treat from Aurora. Why put lines in the ground if we don’t have that done first? He would be uncomfortable if we didn’t have an agreement in principle. [NOTE: Why not be safe and just have one in writing?] Expecting to open bids in August and complete construction this year. Fehrman told Maxwell the agreement was in discussion stage and Kim Schmaltz to get it to us. $30 per month rates were average home costs. Maxwell noted that if we are at 150% of the rate then transport and treatment costs were figured in from the end of our pipes.
Aurora Interceptor- Quinn reported that they plan a 10inch force main on NORTH side of the road by Marsh Road. They can bring in High Ridge and other development that way. Takes 6 months to complete and $2 million. Bob could construct and get High Ridge starting July 07 hopefully. [NOTE: Bob who?]
Apparently the roadside in that area is all rock per Dennerline who had constructed a 6 inch line there in 1976.
Woolpert Update- Messmore responded to Maxwell’s question about Dillsboro options saying that Woolpert will have some answers – costs/benefits analysis of that option for some of the county lines. That will be in the phase due around Labor Day. Woolpert is using a red=ndition of the Comp Plan land Use maps to do 5-20 year cost projections.
Pruss said GRW said it wasn’t feasible to do Dillsboro.
Maxwell- saw a map with a lot of sewage going to Dillsboro- but no explanation of that yet.
Dennerline- Dillsboro wanted a1 mile buffer in earlier negotiations and then said no- too much cost. Said it would be $2.4 million to go around to Dillsboro and enter where they wanted us by SEIdata. Some people have $150/mo sewer bills there. [NOTE: Wouldn’t an economy of scale work here? The more people coming in- the lower the rates and all would benefit?]
Maxwell said we need Woolpert reposrt before we proceed with Quinn. Messmore said Quinn can provide some documents that Woolpert is needing.
Maxwell asked who would meet with LMH- Answer: Quinn
Maxwell asked for an example transport fee from Woolpert and Messmore said they can’t do it accurately until they get underground data costs.
Wanted some standardized number to estimate with. Jacobson ( from SDRSD) told them each municipality was different depending on their lifts, pumps etc, where transport was occurring.
NEW BUSINESS:
Claims were paid for Lehner and Quinn
Baer noted attendance at Ind Reg sewer District Conference also.
Meeting adjourned at 8 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Brett Fehrman, Acting Chairman, Holland, Pruss, Dennerline, and Maxwell.
ABSENT: Hankins and Enzweiler
Also Present: Quinn, Engineer, Baer, Health Dept, and Messmore, Administrator
Also Absent: Lehner, Attorney
In audience: In addition to people mentioned in Special requests, Jerry Jacobsen (from SDRSD) and Kathy Jacobsen, Jim West (DCEDI), Mark Mitter (Council), and Vera Benning (Commissioner)
Special requests:
Beth O’Leary of Serenity Ridge presented data on lot owners desiring sewer hook-ups now or for in the future. 13 out of 19 responded. 2 of the 13 were opposed. Several of the others had already installed septic tanks, but would be interested in future sewer option. She spoke to Jim Stotts who also owns a lot up there (he “developed” the subdivision) and he wants sewer too. Jay Tucker told her it could be done for about $100,000. Quinn to check it out and report to board.
Jeff Costello wants hook-up for potentially 2 homes on Lower Disllboro Road about 500 ft from where the Stewart St. line will come out. There is a 2 “ lateral that Chipman installed a whle ago and they are considering recertifying that as a main. Waiting till next year to consider this.
OLD BUSINESS:
Greendale Agreement- no mention of attorney work getting the agreements drawn up- but Baer had put descriptions of 3 of the 4 areas in their packets. Ameritk was missing- possibly due to it not being approved yet.
Stewart Street and Cole Lane- Turner of Aurora wants to bid on the project also- board saw no problem with that. Maxwell concerned that it wasn’t PRUDENT to proceed with this until we have an agreement to transport and treat from Aurora. Why put lines in the ground if we don’t have that done first? He would be uncomfortable if we didn’t have an agreement in principle. [NOTE: Why not be safe and just have one in writing?] Expecting to open bids in August and complete construction this year. Fehrman told Maxwell the agreement was in discussion stage and Kim Schmaltz to get it to us. $30 per month rates were average home costs. Maxwell noted that if we are at 150% of the rate then transport and treatment costs were figured in from the end of our pipes.
Aurora Interceptor- Quinn reported that they plan a 10inch force main on NORTH side of the road by Marsh Road. They can bring in High Ridge and other development that way. Takes 6 months to complete and $2 million. Bob could construct and get High Ridge starting July 07 hopefully. [NOTE: Bob who?]
Apparently the roadside in that area is all rock per Dennerline who had constructed a 6 inch line there in 1976.
Woolpert Update- Messmore responded to Maxwell’s question about Dillsboro options saying that Woolpert will have some answers – costs/benefits analysis of that option for some of the county lines. That will be in the phase due around Labor Day. Woolpert is using a red=ndition of the Comp Plan land Use maps to do 5-20 year cost projections.
Pruss said GRW said it wasn’t feasible to do Dillsboro.
Maxwell- saw a map with a lot of sewage going to Dillsboro- but no explanation of that yet.
Dennerline- Dillsboro wanted a1 mile buffer in earlier negotiations and then said no- too much cost. Said it would be $2.4 million to go around to Dillsboro and enter where they wanted us by SEIdata. Some people have $150/mo sewer bills there. [NOTE: Wouldn’t an economy of scale work here? The more people coming in- the lower the rates and all would benefit?]
Maxwell said we need Woolpert reposrt before we proceed with Quinn. Messmore said Quinn can provide some documents that Woolpert is needing.
Maxwell asked who would meet with LMH- Answer: Quinn
Maxwell asked for an example transport fee from Woolpert and Messmore said they can’t do it accurately until they get underground data costs.
Wanted some standardized number to estimate with. Jacobson ( from SDRSD) told them each municipality was different depending on their lifts, pumps etc, where transport was occurring.
NEW BUSINESS:
Claims were paid for Lehner and Quinn
Baer noted attendance at Ind Reg sewer District Conference also.
Meeting adjourned at 8 PM
Christine Brauer Mueller
Lawrenceburg Township
Wednesday, July 19, 2006
18 July 2006 Dearborn County Commissioner Meeting Notes
18 July 2006 Dearborn County Commissioner Meeting Notes
PUBLIC RE-HEARING on TOM KENT’S Sun Valley Sub’n at Sr48 & 148 is item number 5.
Present: Hughes, President, Benning, and Fox
Also present: Pickens, Auditor, and Messmore, Administrator.
ABSENT: Ewbank, Attorney. Arnie McGill, Planning and Zoning Attorney sat in Ewbank’s place.
A uniformed police officer was also present and Benning finally got to use him.
Register Publications covered this meeting.
Commissioner candidates Ralph Thompson and Frank Linkmeyer were also in attendance.
1. Mark Seiler presented the line-striping contract for $81,319.35 which was approved.
2. Mike and Stephanie Mulcahey of Wood’s Edge Estates Sub’n off North Hogan Road presented complaints on their road access and the bonding for their street. Developer Jeff Martin was present and explained delays as being due to his recent surgery. Gravel road has issues, ditched are too deep, rip rap and stone piles placement issues, mail, busses, and newspapers are NOT delivered on the street anymore. Soil and Water- Jennifer Hughes also present verifying on-going issues with drainage also. Performance bond may be used to complete work. Road is ultimately to be paved, but waiting to sell lots and have construction equipment out. Bond expires May 2007.
Highway Dept to check and report back. [NOTE: Planning office should be checked also to see what is in their file on this development.]
3. Park Board – Lou Broghamer and Mike Heffelmire- reported on status of county farm- final decision tonight was to hold on the Youth- Boy Scout agreement and survey the entire farm to set aside YES Home with access easement, Animal Control area, Boy Scouts, Highway garage, and the park board remainder. Cemeteries will also be set aside.
Park Board is keeping County farm board as a subcommittee to keep the work intact there.
Park Board is also planning to “give away” the Dillsboro Park and the 3-acre Bright Park to revert back to county if no longer kept as park uses. Bright to go to Fire Dept. and Dillsboro to go to the town. Commissioners approved.
Ewbank is attorney for park board also- so he will look out for county’s interests per Park Board.
County Farm cited as the largest of only 3 left in the state.- 364 acres. Heffelmire was clear that they wanted it to stay as a park area and farm- no condos, senior housing etc.
He said it may end up being the only place in 100 years that people will see any wildlife around here.
Gladys Russell Park cited as the crown jewel ultimately in county park system- with new water lines etc.
4. Richard Bower- presented the timber sale for county farm again- it was approved for E&H Logging at $24,000.
FIVE MINUTE RECESS- actually 15 minutes. (7:15 PM)
5. PUBLIC HEARING- to Rehear Tom Kent zone change.
No reason was given for rehearing this case.
Mark McCormack presented the case- with same findings as the previous hearing. Pictures of the area showed few houses in surrounding directions along roadway.
Fox noted that almost all the PC saw it as R- they just couldn’t see the buffers and greenspace.
McCormack added that there were density issues also at the PC. They had 3 motions for unfav. And 2 for fav. – None passed.
Tom Kent states there will be approximately 180 units with average of 1800 square feet and $190,000 average price. He passed out samples and showed pictures of the proposed home designs. Stated there will be a 10-year buildout. There will be 100-150 ft minimum buffer around the entire piece. Some is wooded already. Others will have a 6 ft wide earth berm with double row of white pines. Stated this was his 4th hearing (2 at PC and 2 here) and he was tired of hearing himself talk too.
Kent thinks this fits the surroundings – not the highest priced homes, but there will be some in the $170 range and some in the $250 range also.
He ended saying the only question is: Is this area appropriate for R use?
[NOTE: We are back to the same issue- there is a lot of variation in R uses. Density is one of the most controversial issues. Packing nearly 700 homes in this area is possible under current county law. Would that be appropriate for the character of infrastructure in place? Taken further- under conditional uses in R they could potentially get many more units in condos or apartments. It is not a good idea to reduce this question to just R- at least when you consider the surrounding uses. It seems like there is a limited understanding of real estate principles. And yet in the audience were several realtors including Brett Fehrman and Patrick and Teresa Martini of Red Apple Realtors.]
Public Comment:
Brian Groh – In a well-written and cohesive statement noted that the issue is high vs. low density. He talked about the integrity of the developer with regard to not making public that the county engineer had purchased land from Kent in Carlee Acres- another sub’n. He characterized the tax maps as a deceptive tactic- that did not show the true character of the area. He noted that Kent stated at 1st meeting that he couldn’t do less than 260 homes. Then he came in with 180. He can do less than 180 also, in Groh’s opinion. “No Matter what VERBAL commitments he makes in this room” was quoted as a warning to commissioners that verbal commitments were unenforceable. He ended with noting that he hoped the thoughtful people we elected would be concerned with traffic and character, the same as we are.
Irwin Diehl read a letter from Johnny Schott- who couldn’t be present. The letter noted that SPACE is what made them willing to live here. That this unique position of rural living close to city amenities creates an unusual value- not found in many places.
He stated Kent has not run any changes by the PC as required by law. Hundreds of homes are unsold in the county- adding these will depress the prices of those and destroy the value of surrounding properties. He wanted them to wait until the county could institute a multi-tiered R zoning setup – (R1, R2, and R3- for different density uses)
Irwin Diehl – I don’t see any change in this presentation! Kent says he has planned this buffer all along. This is not just about R, but how it fits into the existing character.
Carrie Baylor- gave an in-depth slide show of the surrounding large lot and high end properties interspersed with written commentary, which opened and closed with the statement: “I do not understand how anyone can live without one small place of enchantment to turn to…”
She noted that the lawyer on the PC board stated that the letters providing sewers said they “SEEK to provide”- which means they aren’t there yet.
Other statements:
“Do not let this be a place where the developer bulldozes the trees and then names the streets after them.”
Do not sell out the green for green.”
Chet Wolgamot – Asked if the verbal commitments could be legally upheld if they were not part of the certified package.
Arnie McGill- attorney – “If you want my opinion- no they can’t.”
Chet Wolgamot- went on stating that if the commissioners didn’t understand the legal implications of what they were voting on tonight… (but didn’t get to finish that thought)
Wolgamot entered the following documents into the public record: his letter to the commissioners and an option agreement recorded on p 156 p 2620-23 from Busse property to Tom Kent prepared for and Tom Kent and signed by his attorney ROBERT EWBANK. [NOTE: Ewbank is also the county attorney. This implies a possible conflict of interest that was not evident in the first hearing.]
The concept plan you saw tonight was supposed to be reviewed by the PC first. Nothing Tom Kent provides tonight is binding- this sub’n is a design on the fly process- constantly changing. Theses are verbal commitments that you cannot enforce. You can ask Arnie McGill- you will LOSE in court if you try to enforce a verbal commitment. [NOTE: Perhaps the commissioners don’t ever intend to enforce them. They may be doing this as a political maneuver- to say they “tried.”]
If you vote tonight- you are allowing 696 units. The comprehensive plan is wrong. Benning chimed in- “well- on THAT we agree.” [NOTE: Wolgamot was referring to density maps- Benning was not.]
Wolgamot went on to show the details of the 47 surrounding properties with a map- and then the computer went down. Finally Messmore produced another laptop and Wolgamot reloaded his CD.
In the meantime Mike Livingston was allowed to get up a re-ask his earlier spontaneous question- he asked for the greatest transparency and wanted to know what the comments were under the mike earlier about legal questions. NO ONE ANSWERED THIS.
Wolgamot noted that even all of Shangri-La was moderate except for 2 lots of ¾ acres.
Showed more slides and charts showing 72% were above 3 acres and low density for 34 families. 28% for 13 families were 1-3 acres. None of the SURROUNDING 47 properties were high-density uses. This violates both the character and property values section of the code on rezoning.
He asked then to deny this and open up the application for a new plan for 80-90 homes that would allow the value of the whole community to go up. Maybe we can attract more affluent employees and have a positive impact on tax revenues. We could have a clean package and put it through the process properly- not verbal commitments.
[NOTE: There was applause after each presenter showing support from the neighbors]
Kent rebutted saying SAVETHE SPACE.COM got going by misinforming people, but thanked Diehl and others who were respectful. He said the tax map shows ¼ acre lots and anyone can sell these lots if they want to. The comp plan is the law. Why do people think I want to build something less? I know of some people on small lots that are not on Chet’s list. [NOTE: The 47 on his list were surrounding lots.]
Kent said- THIS IS MODERATE DENSITY AND WE WILL FIT IN!
"I was advised by Mr. McCormack who I respect and Travis Miller, who I wish was still here." I lived here all my life- about 50 years- by this. I am not an outside developer.
CHET APPROACHED ME TO SELL HIS LAND FOR ACCESS. [NOTE: No one in the neighborhood audience was surprised by this- I later learned that they all knew why he’d done this.]
Carrie Baylor protested that she did NOT misinform this board!
Chet Wolgamot was not allowed to speak again- and he said “so I can be called a liar and a cheat and I don’t get to respond?”
Mike Livingston also wanted a response and Benning stood up and told the police officer to throw him out. Livingston left quietly. [NOTE: While this was good theater for Benning, wasn’t Hughes supposed to be in charge of the meeting?]
Fox motioned and Benning 2nd to close public discussion. Benning said she agreed with Chet that the Comp plan was wrong and “I voted against it.” She said she had to follow it though because it was law. [NOTE: Again- Benning seems to misunderstand.]
Hughes called for a motion. There was no discussion. Fox motioned and Benning 2nd to change from Ag to R. He read through the criteria but did not state why he thought it passed each point. They did not make any commitments. All ayes- Passed.
[NOTE: If this ends up in court the commissioners cannot claim they were advised to do this. There seems to be no reason for the rehearing other than that the motion failed last time and some behind the scenes prodding has occurred. NOTHING NEW WAS PRESENTED. The neighbors presented ample evidence and the records of the Plan Commission should also show that PC members were concerned about 2 of the criteria not being met. McGill, the attorney, also seemed leery of this standing up in court. It is time for the PC to get the multi-tiered R system set up. We have waited too long and letting everything be R all mixed together with no good concept plan is going to cost the county and the taxpayers in the long run. Any realtor looking for long- term business prospects can see the inherent problems in this type of development strategy. A concept plan showing a way to blend this was needed.]
6. Sheriff Lusby- not on agenda- asked commissioners for permission to give away two firearms – one to Bob Waldon who retired after 20 years and one to Dave Wissman that belonged to his father Jim, former sheriff.
Approved.
Lusby asked also to change from Verizon to Nextel for their dept. to save $10 per phone and $300 per month. Approved. [NOTE: There were no questions about coverage and reliability and dead spots all over the county.]
Hughes went on to praise Lusby for helping with 911 tower move and medical treatment in the jail as well as saving money on these phones.
7. Pickens said they will discuss contract for excise tax sales etc when Ewbank returns. SRI will free up a worker and costs only $6,000 per year.
8. Amendments reviewed by Ewbank and presented by McGill to the parking ordinance were approved. They will be advertised by Messmore if they weren’t prior to this.
9. Messmore said they will not talk about Vieste –Level 5 Engineering and London Witte until he talks to Council and the Plan Commission. He will continue to work on that arrangement. (Related to the I-74 Comp plan for that corridor.)
[NOTE: Those interested in learning more about these partners can do so at their websites: www.viestellc.com/index.htm and http://www.londonwittegroup.com/ ]
Messmore staying in contact with Bright EMS to be helpful.
10. Benning noted Juv Adv Board meeting July 19 at 11:45 AM
She also said the INDOT letter said Wilson Creek Road required a new application for funds because all info is outdated from original. [NOTE: Just how much has changed on Wilson Creek? Mostly slips and these need to be fixed as it is a hospital route.]
Meeting adjourned at 9:05 PM
Christine Brauer Mueller
Lawrenceburg Township
PUBLIC RE-HEARING on TOM KENT’S Sun Valley Sub’n at Sr48 & 148 is item number 5.
Present: Hughes, President, Benning, and Fox
Also present: Pickens, Auditor, and Messmore, Administrator.
ABSENT: Ewbank, Attorney. Arnie McGill, Planning and Zoning Attorney sat in Ewbank’s place.
A uniformed police officer was also present and Benning finally got to use him.
Register Publications covered this meeting.
Commissioner candidates Ralph Thompson and Frank Linkmeyer were also in attendance.
1. Mark Seiler presented the line-striping contract for $81,319.35 which was approved.
2. Mike and Stephanie Mulcahey of Wood’s Edge Estates Sub’n off North Hogan Road presented complaints on their road access and the bonding for their street. Developer Jeff Martin was present and explained delays as being due to his recent surgery. Gravel road has issues, ditched are too deep, rip rap and stone piles placement issues, mail, busses, and newspapers are NOT delivered on the street anymore. Soil and Water- Jennifer Hughes also present verifying on-going issues with drainage also. Performance bond may be used to complete work. Road is ultimately to be paved, but waiting to sell lots and have construction equipment out. Bond expires May 2007.
Highway Dept to check and report back. [NOTE: Planning office should be checked also to see what is in their file on this development.]
3. Park Board – Lou Broghamer and Mike Heffelmire- reported on status of county farm- final decision tonight was to hold on the Youth- Boy Scout agreement and survey the entire farm to set aside YES Home with access easement, Animal Control area, Boy Scouts, Highway garage, and the park board remainder. Cemeteries will also be set aside.
Park Board is keeping County farm board as a subcommittee to keep the work intact there.
Park Board is also planning to “give away” the Dillsboro Park and the 3-acre Bright Park to revert back to county if no longer kept as park uses. Bright to go to Fire Dept. and Dillsboro to go to the town. Commissioners approved.
Ewbank is attorney for park board also- so he will look out for county’s interests per Park Board.
County Farm cited as the largest of only 3 left in the state.- 364 acres. Heffelmire was clear that they wanted it to stay as a park area and farm- no condos, senior housing etc.
He said it may end up being the only place in 100 years that people will see any wildlife around here.
Gladys Russell Park cited as the crown jewel ultimately in county park system- with new water lines etc.
4. Richard Bower- presented the timber sale for county farm again- it was approved for E&H Logging at $24,000.
FIVE MINUTE RECESS- actually 15 minutes. (7:15 PM)
5. PUBLIC HEARING- to Rehear Tom Kent zone change.
No reason was given for rehearing this case.
Mark McCormack presented the case- with same findings as the previous hearing. Pictures of the area showed few houses in surrounding directions along roadway.
Fox noted that almost all the PC saw it as R- they just couldn’t see the buffers and greenspace.
McCormack added that there were density issues also at the PC. They had 3 motions for unfav. And 2 for fav. – None passed.
Tom Kent states there will be approximately 180 units with average of 1800 square feet and $190,000 average price. He passed out samples and showed pictures of the proposed home designs. Stated there will be a 10-year buildout. There will be 100-150 ft minimum buffer around the entire piece. Some is wooded already. Others will have a 6 ft wide earth berm with double row of white pines. Stated this was his 4th hearing (2 at PC and 2 here) and he was tired of hearing himself talk too.
Kent thinks this fits the surroundings – not the highest priced homes, but there will be some in the $170 range and some in the $250 range also.
He ended saying the only question is: Is this area appropriate for R use?
[NOTE: We are back to the same issue- there is a lot of variation in R uses. Density is one of the most controversial issues. Packing nearly 700 homes in this area is possible under current county law. Would that be appropriate for the character of infrastructure in place? Taken further- under conditional uses in R they could potentially get many more units in condos or apartments. It is not a good idea to reduce this question to just R- at least when you consider the surrounding uses. It seems like there is a limited understanding of real estate principles. And yet in the audience were several realtors including Brett Fehrman and Patrick and Teresa Martini of Red Apple Realtors.]
Public Comment:
Brian Groh – In a well-written and cohesive statement noted that the issue is high vs. low density. He talked about the integrity of the developer with regard to not making public that the county engineer had purchased land from Kent in Carlee Acres- another sub’n. He characterized the tax maps as a deceptive tactic- that did not show the true character of the area. He noted that Kent stated at 1st meeting that he couldn’t do less than 260 homes. Then he came in with 180. He can do less than 180 also, in Groh’s opinion. “No Matter what VERBAL commitments he makes in this room” was quoted as a warning to commissioners that verbal commitments were unenforceable. He ended with noting that he hoped the thoughtful people we elected would be concerned with traffic and character, the same as we are.
Irwin Diehl read a letter from Johnny Schott- who couldn’t be present. The letter noted that SPACE is what made them willing to live here. That this unique position of rural living close to city amenities creates an unusual value- not found in many places.
He stated Kent has not run any changes by the PC as required by law. Hundreds of homes are unsold in the county- adding these will depress the prices of those and destroy the value of surrounding properties. He wanted them to wait until the county could institute a multi-tiered R zoning setup – (R1, R2, and R3- for different density uses)
Irwin Diehl – I don’t see any change in this presentation! Kent says he has planned this buffer all along. This is not just about R, but how it fits into the existing character.
Carrie Baylor- gave an in-depth slide show of the surrounding large lot and high end properties interspersed with written commentary, which opened and closed with the statement: “I do not understand how anyone can live without one small place of enchantment to turn to…”
She noted that the lawyer on the PC board stated that the letters providing sewers said they “SEEK to provide”- which means they aren’t there yet.
Other statements:
“Do not let this be a place where the developer bulldozes the trees and then names the streets after them.”
Do not sell out the green for green.”
Chet Wolgamot – Asked if the verbal commitments could be legally upheld if they were not part of the certified package.
Arnie McGill- attorney – “If you want my opinion- no they can’t.”
Chet Wolgamot- went on stating that if the commissioners didn’t understand the legal implications of what they were voting on tonight… (but didn’t get to finish that thought)
Wolgamot entered the following documents into the public record: his letter to the commissioners and an option agreement recorded on p 156 p 2620-23 from Busse property to Tom Kent prepared for and Tom Kent and signed by his attorney ROBERT EWBANK. [NOTE: Ewbank is also the county attorney. This implies a possible conflict of interest that was not evident in the first hearing.]
The concept plan you saw tonight was supposed to be reviewed by the PC first. Nothing Tom Kent provides tonight is binding- this sub’n is a design on the fly process- constantly changing. Theses are verbal commitments that you cannot enforce. You can ask Arnie McGill- you will LOSE in court if you try to enforce a verbal commitment. [NOTE: Perhaps the commissioners don’t ever intend to enforce them. They may be doing this as a political maneuver- to say they “tried.”]
If you vote tonight- you are allowing 696 units. The comprehensive plan is wrong. Benning chimed in- “well- on THAT we agree.” [NOTE: Wolgamot was referring to density maps- Benning was not.]
Wolgamot went on to show the details of the 47 surrounding properties with a map- and then the computer went down. Finally Messmore produced another laptop and Wolgamot reloaded his CD.
In the meantime Mike Livingston was allowed to get up a re-ask his earlier spontaneous question- he asked for the greatest transparency and wanted to know what the comments were under the mike earlier about legal questions. NO ONE ANSWERED THIS.
Wolgamot noted that even all of Shangri-La was moderate except for 2 lots of ¾ acres.
Showed more slides and charts showing 72% were above 3 acres and low density for 34 families. 28% for 13 families were 1-3 acres. None of the SURROUNDING 47 properties were high-density uses. This violates both the character and property values section of the code on rezoning.
He asked then to deny this and open up the application for a new plan for 80-90 homes that would allow the value of the whole community to go up. Maybe we can attract more affluent employees and have a positive impact on tax revenues. We could have a clean package and put it through the process properly- not verbal commitments.
[NOTE: There was applause after each presenter showing support from the neighbors]
Kent rebutted saying SAVETHE SPACE.COM got going by misinforming people, but thanked Diehl and others who were respectful. He said the tax map shows ¼ acre lots and anyone can sell these lots if they want to. The comp plan is the law. Why do people think I want to build something less? I know of some people on small lots that are not on Chet’s list. [NOTE: The 47 on his list were surrounding lots.]
Kent said- THIS IS MODERATE DENSITY AND WE WILL FIT IN!
"I was advised by Mr. McCormack who I respect and Travis Miller, who I wish was still here." I lived here all my life- about 50 years- by this. I am not an outside developer.
CHET APPROACHED ME TO SELL HIS LAND FOR ACCESS. [NOTE: No one in the neighborhood audience was surprised by this- I later learned that they all knew why he’d done this.]
Carrie Baylor protested that she did NOT misinform this board!
Chet Wolgamot was not allowed to speak again- and he said “so I can be called a liar and a cheat and I don’t get to respond?”
Mike Livingston also wanted a response and Benning stood up and told the police officer to throw him out. Livingston left quietly. [NOTE: While this was good theater for Benning, wasn’t Hughes supposed to be in charge of the meeting?]
Fox motioned and Benning 2nd to close public discussion. Benning said she agreed with Chet that the Comp plan was wrong and “I voted against it.” She said she had to follow it though because it was law. [NOTE: Again- Benning seems to misunderstand.]
Hughes called for a motion. There was no discussion. Fox motioned and Benning 2nd to change from Ag to R. He read through the criteria but did not state why he thought it passed each point. They did not make any commitments. All ayes- Passed.
[NOTE: If this ends up in court the commissioners cannot claim they were advised to do this. There seems to be no reason for the rehearing other than that the motion failed last time and some behind the scenes prodding has occurred. NOTHING NEW WAS PRESENTED. The neighbors presented ample evidence and the records of the Plan Commission should also show that PC members were concerned about 2 of the criteria not being met. McGill, the attorney, also seemed leery of this standing up in court. It is time for the PC to get the multi-tiered R system set up. We have waited too long and letting everything be R all mixed together with no good concept plan is going to cost the county and the taxpayers in the long run. Any realtor looking for long- term business prospects can see the inherent problems in this type of development strategy. A concept plan showing a way to blend this was needed.]
6. Sheriff Lusby- not on agenda- asked commissioners for permission to give away two firearms – one to Bob Waldon who retired after 20 years and one to Dave Wissman that belonged to his father Jim, former sheriff.
Approved.
Lusby asked also to change from Verizon to Nextel for their dept. to save $10 per phone and $300 per month. Approved. [NOTE: There were no questions about coverage and reliability and dead spots all over the county.]
Hughes went on to praise Lusby for helping with 911 tower move and medical treatment in the jail as well as saving money on these phones.
7. Pickens said they will discuss contract for excise tax sales etc when Ewbank returns. SRI will free up a worker and costs only $6,000 per year.
8. Amendments reviewed by Ewbank and presented by McGill to the parking ordinance were approved. They will be advertised by Messmore if they weren’t prior to this.
9. Messmore said they will not talk about Vieste –Level 5 Engineering and London Witte until he talks to Council and the Plan Commission. He will continue to work on that arrangement. (Related to the I-74 Comp plan for that corridor.)
[NOTE: Those interested in learning more about these partners can do so at their websites: www.viestellc.com/index.htm and http://www.londonwittegroup.com/ ]
Messmore staying in contact with Bright EMS to be helpful.
10. Benning noted Juv Adv Board meeting July 19 at 11:45 AM
She also said the INDOT letter said Wilson Creek Road required a new application for funds because all info is outdated from original. [NOTE: Just how much has changed on Wilson Creek? Mostly slips and these need to be fixed as it is a hospital route.]
Meeting adjourned at 9:05 PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, July 18, 2006
Informational Meeting Saturday July 22nd on Hidden Acres (Maxwell Development off Sneakville Road)
We will be holding an information sharing meeting on the proposed Hidden Acres development project on Saturday, July 22 @ 10:00 a.m. at the North Dearborn Branch of the Lawrenceburg Public Library on North Dearborn Road. We have a copy of the "Final Plat" drawings that Maxwell Construction Co. will be presenting for approval at the Planning and Zoning Meeting on July 31. We need all interested parties to attend.
submitted by Linda Johnson
submitted by Linda Johnson
Wednesday, July 12, 2006
COUNTY ADMINISTRATOR STATES COMPREHENSIVE PLAN FOR I-74 CORRIDOR
12 July 2006, St. Leon, IN - Planning and Zoning Meeting, 7:30 p.m.
Members present: Cliff Bischoff, Kevin Alig, Doug Farrow, Jerry Bucher, Doug Hoog, Rodney Eckstein
The membership heard various requests, including a 30 x 60 shelter for the American Legion, a Keystone Homes request for a four car garage--all of which the members approved.
Mr. Bischoff shared with the attendees, that at an earlier meeting this evening at 6:00 p.m., the members of the St. Leon Redevelopment Committee {Cliff Bischoff, Paul Alig, Dave Alig, Terry Boedeker, and Vernon Hensley}, were addressed by Jim West of the Dearborn County Economic Development Committee, and Brian Messmore, Dearborn County Administrator. Jim West and Brian Messmore informed the St. Leon Redevelopment Committee the following:
DEARBORN COUNTY IS GOING TO HIRE A CONSULTANT TO COME UP WITH A COMPREHENSIVE PLAN FOR THE I-74 CORRIDOR—FROM THE OHIO BORDER TO RIPLEY COUNTY.
Mr. Bischoff stated that St. Leon wants to be part of this new I-74 Comprehensive Plan, and asked if anyone on the Planning and Zoning Board wanted to attend the meetings. No one answered. Mr. Bischoff said he will attend, and will ask others –whoever will be available to attend with him.
When Mr. Bischoff was asked if these meetings were going to be open to the citizens—he said he did not know how the meetings were to be conducted, just that St. Leon wants to make sure they participate. Mr. Bischoff continued that he believes this has
something to do with industrial areas because of the Honda plant in Greensburg.
Mr. Bischoff also that the next meeting for the Steering Committee Meeting (St. Leon Comprehensive Plan) will be July 20th at 6:30 p.m. at the St. Leon firehouse.
Helen Kremer
Logan Township
Members present: Cliff Bischoff, Kevin Alig, Doug Farrow, Jerry Bucher, Doug Hoog, Rodney Eckstein
The membership heard various requests, including a 30 x 60 shelter for the American Legion, a Keystone Homes request for a four car garage--all of which the members approved.
Mr. Bischoff shared with the attendees, that at an earlier meeting this evening at 6:00 p.m., the members of the St. Leon Redevelopment Committee {Cliff Bischoff, Paul Alig, Dave Alig, Terry Boedeker, and Vernon Hensley}, were addressed by Jim West of the Dearborn County Economic Development Committee, and Brian Messmore, Dearborn County Administrator. Jim West and Brian Messmore informed the St. Leon Redevelopment Committee the following:
DEARBORN COUNTY IS GOING TO HIRE A CONSULTANT TO COME UP WITH A COMPREHENSIVE PLAN FOR THE I-74 CORRIDOR—FROM THE OHIO BORDER TO RIPLEY COUNTY.
Mr. Bischoff stated that St. Leon wants to be part of this new I-74 Comprehensive Plan, and asked if anyone on the Planning and Zoning Board wanted to attend the meetings. No one answered. Mr. Bischoff said he will attend, and will ask others –whoever will be available to attend with him.
When Mr. Bischoff was asked if these meetings were going to be open to the citizens—he said he did not know how the meetings were to be conducted, just that St. Leon wants to make sure they participate. Mr. Bischoff continued that he believes this has
something to do with industrial areas because of the Honda plant in Greensburg.
Mr. Bischoff also that the next meeting for the Steering Committee Meeting (St. Leon Comprehensive Plan) will be July 20th at 6:30 p.m. at the St. Leon firehouse.
Helen Kremer
Logan Township
Tuesday, July 11, 2006
DCRSD Discussed Greendale Agreement 6 July 2006
6 July 2006 Dearborn County Regional Sewer Board Meeting Notes
Present: Chairman Hankins, Dennerline, Enzweiler, Pruss, Holland, and Fehrman
ABSENT: John Maxwell
Also Present: Lisa Lehner, Attorney; Doug Baer, Tom Quinn--Engineer; Bryan Messmore--County Admin., Vera Benning took notes Note: Jim West of DCEDI was in the audience.
Greendale Agreement
First agenda item was the Greendale Agreement and the DCRSD concerning four subdivisions—Red Pine, State Line Rd., Ameritek, Salt Fork & St. #1. The attorney for Greendale, Richard Butler, and the Greendale City Manager, Steve Lampert, were in attendance.
Mr. Hankins asked if DCRSD should be involved with these subdivisions—it all comes down to sewage that needs to be taken care of and who can best serve the public, Greendale or DCRSD. Pat Holland asked Lisa Lehner for her input.
Lisa Lehner stated she would prefer to work out some agreement. The goals of the DCRSD were to fix things, promote economic development and create jobs. Does entering this agreement attain goals. She stated this doesn’t do anything for VRUC. Is VRUC a customer of Greendale or served buy DCRSD, or not served at all? Lehner stated there could be litigation, and questioned the right of Greendale to service these areas.
Other statements were made concerning IURC wanting VRUC to have a fair chance to service these areas . Lehner asked board how much control do you want to give up. Is this something you want to set as a precedent for other communities.
Discussions moved to relinquishing rights. Hankins asked do we assign rights or relinquish rights of services to four subdivisions, and just work on the northern part of the county, and TIF districts—did not want to get into adversarial relationship.
Lehner stated options: 1) pass on it and tell another provider to go for it—there is no precedent for this, 2) relinquish a portion of the district “carve it out”. Hankins asked if anything prohibits another provider, and Lehner replied no.
Butler, the attorney for Greendale, said they needed an assignment of rights for the four subdivisions.
Fehrman stated put a time limit on it, and have it return to DCRSD in the future.
Sammy Gutzwiller, a former board member of VRUC, stated she had concerns committing new subdivisions to Greendale—how would you prevent annexation, and who controls rates?
Hankins replied rates are controlled by the provider.
Butler stated again that they request the Board to assign rights to Greendale for four subdivisions. Greendale supports this Board belonging to SDRSD.
Dennerline motioned to assign rights to Greendale.
Lehner said the Board needs to be very specific.
Butler stated Board can hold onto rights, but Greendale wants the rights, and wants DCRSD to give right of territory.
Dennerline asked what would happen if we don’t give over rights, can we get sued? Lehner said they could not be sued. Hankins said if they are going to get sued then we should hold onto the rights.
Butler stated Lehner left out the 3rd option, you might wonder why?
A heated discussion took place between the two attorneys.
Doug Baer asked if giving up rights without compensation gives up right to an attorney if there is litigation.
Butler said Greendale will defend if DCRSD is sued.
Hankins stated Regional Sewer Districts supersedes CTAs.
Dennerline again motioned that they give the sewage rights for the four subdivisions to Greendale.
Lehner suggested they have a written document for the assignment and she will prepare the document for them to sign.
The Board decided to vote on each subdivision separately because of circumstances—one subdivision was surrounded by Greendale (Ameritek). The Board decided to combine Red Pine and State Line Rd. into one vote, and the Ameritek, and Salt Fork and St. #1 each separately.
The Board passed three motions to assign the rights of the four subdivisions to Greendale, subject to written legal description—all ayes.
Fehrman excused himself from the Ameritek vote because he is the agent for the subdivision.
Second Item—(Board started this item after break—missed beginning of presentation)
Steward Street Cole Lane-- Tom Quinn. Discussion was concerning tap-in fees of $1,500. Concerns were discussed regarding homeowners being able to pay fee of tap-in in lump sum. Discussed ways to have the cost distributed over a longer time frame. Lehner suggested there were local lenders who could provide loans with low interest.
Update on County Council Meeting of June 21, 2006.
Hankins said his presentation went well, and he had folders which he passed out to members of the Board, which had the presentation he made to the County Council on June 21, 2006.
He proceeded to tell the Board that the Council presented the DCRSD with $4.2 million, and they are to present a plan. One of the members asked if it was a loan, or if they had to pay it back? Hankins said he didn’t know, but that it is going to be invested into 3 month and 6 month CDs, so it will amount to more than $4.2 million.
Lehner stated that Ewbanks called her and said that they would issue a promissory note.
Woolpert Draft Changes
The changes are expected to arrive around Labor Day.
Claims to be Paid
Doug Baer reported the progress made in setting up an office for the DCRSD.
Hankins said that he had spoken to the Chamber of Commerce and the Chamber offered space in their building with a computer and phone. The Board agreed it would be better to keep the office in the Administration Building. Brian Messmore said they are looking into another location for the DCRSD, but it will take about two years.
Baer said Dell and Working Environment offered bids. Dennerline motioned to accept Working Environment’s offer at no more than $1,700. Fehrman seconded, and it passed with all ayes.
No other business, and the meeting was adjourned at 9:05 p.m.
Kathy Scott and Helen Kremer
Logan Township
Present: Chairman Hankins, Dennerline, Enzweiler, Pruss, Holland, and Fehrman
ABSENT: John Maxwell
Also Present: Lisa Lehner, Attorney; Doug Baer, Tom Quinn--Engineer; Bryan Messmore--County Admin., Vera Benning took notes Note: Jim West of DCEDI was in the audience.
Greendale Agreement
First agenda item was the Greendale Agreement and the DCRSD concerning four subdivisions—Red Pine, State Line Rd., Ameritek, Salt Fork & St. #1. The attorney for Greendale, Richard Butler, and the Greendale City Manager, Steve Lampert, were in attendance.
Mr. Hankins asked if DCRSD should be involved with these subdivisions—it all comes down to sewage that needs to be taken care of and who can best serve the public, Greendale or DCRSD. Pat Holland asked Lisa Lehner for her input.
Lisa Lehner stated she would prefer to work out some agreement. The goals of the DCRSD were to fix things, promote economic development and create jobs. Does entering this agreement attain goals. She stated this doesn’t do anything for VRUC. Is VRUC a customer of Greendale or served buy DCRSD, or not served at all? Lehner stated there could be litigation, and questioned the right of Greendale to service these areas.
Other statements were made concerning IURC wanting VRUC to have a fair chance to service these areas . Lehner asked board how much control do you want to give up. Is this something you want to set as a precedent for other communities.
Discussions moved to relinquishing rights. Hankins asked do we assign rights or relinquish rights of services to four subdivisions, and just work on the northern part of the county, and TIF districts—did not want to get into adversarial relationship.
Lehner stated options: 1) pass on it and tell another provider to go for it—there is no precedent for this, 2) relinquish a portion of the district “carve it out”. Hankins asked if anything prohibits another provider, and Lehner replied no.
Butler, the attorney for Greendale, said they needed an assignment of rights for the four subdivisions.
Fehrman stated put a time limit on it, and have it return to DCRSD in the future.
Sammy Gutzwiller, a former board member of VRUC, stated she had concerns committing new subdivisions to Greendale—how would you prevent annexation, and who controls rates?
Hankins replied rates are controlled by the provider.
Butler stated again that they request the Board to assign rights to Greendale for four subdivisions. Greendale supports this Board belonging to SDRSD.
Dennerline motioned to assign rights to Greendale.
Lehner said the Board needs to be very specific.
Butler stated Board can hold onto rights, but Greendale wants the rights, and wants DCRSD to give right of territory.
Dennerline asked what would happen if we don’t give over rights, can we get sued? Lehner said they could not be sued. Hankins said if they are going to get sued then we should hold onto the rights.
Butler stated Lehner left out the 3rd option, you might wonder why?
A heated discussion took place between the two attorneys.
Doug Baer asked if giving up rights without compensation gives up right to an attorney if there is litigation.
Butler said Greendale will defend if DCRSD is sued.
Hankins stated Regional Sewer Districts supersedes CTAs.
Dennerline again motioned that they give the sewage rights for the four subdivisions to Greendale.
Lehner suggested they have a written document for the assignment and she will prepare the document for them to sign.
The Board decided to vote on each subdivision separately because of circumstances—one subdivision was surrounded by Greendale (Ameritek). The Board decided to combine Red Pine and State Line Rd. into one vote, and the Ameritek, and Salt Fork and St. #1 each separately.
The Board passed three motions to assign the rights of the four subdivisions to Greendale, subject to written legal description—all ayes.
Fehrman excused himself from the Ameritek vote because he is the agent for the subdivision.
Second Item—(Board started this item after break—missed beginning of presentation)
Steward Street Cole Lane-- Tom Quinn. Discussion was concerning tap-in fees of $1,500. Concerns were discussed regarding homeowners being able to pay fee of tap-in in lump sum. Discussed ways to have the cost distributed over a longer time frame. Lehner suggested there were local lenders who could provide loans with low interest.
Update on County Council Meeting of June 21, 2006.
Hankins said his presentation went well, and he had folders which he passed out to members of the Board, which had the presentation he made to the County Council on June 21, 2006.
He proceeded to tell the Board that the Council presented the DCRSD with $4.2 million, and they are to present a plan. One of the members asked if it was a loan, or if they had to pay it back? Hankins said he didn’t know, but that it is going to be invested into 3 month and 6 month CDs, so it will amount to more than $4.2 million.
Lehner stated that Ewbanks called her and said that they would issue a promissory note.
Woolpert Draft Changes
The changes are expected to arrive around Labor Day.
Claims to be Paid
Doug Baer reported the progress made in setting up an office for the DCRSD.
Hankins said that he had spoken to the Chamber of Commerce and the Chamber offered space in their building with a computer and phone. The Board agreed it would be better to keep the office in the Administration Building. Brian Messmore said they are looking into another location for the DCRSD, but it will take about two years.
Baer said Dell and Working Environment offered bids. Dennerline motioned to accept Working Environment’s offer at no more than $1,700. Fehrman seconded, and it passed with all ayes.
No other business, and the meeting was adjourned at 9:05 p.m.
Kathy Scott and Helen Kremer
Logan Township
Plan Commission and Tom Kent Did Their Homework
A word about the Planning Commission meeting on June 26th
submitted by Kathy Scott, Logan Township
I was present at this meeting to hear Mr. Kent, present his plans for development on SR1, Salt Fork and Cambridge. I want to commend Mr. Kent for the very professional manner in which he made his presentation.
When members in the audience made their feelings known about this development, both positive and negative, Mr. Kent took the initiative to explain and answer their concerns. When addressing the Comprehensive Plan, he offered details to explain how he had worked to meet the 5 Guiding Principals of the plan. This was not the general conversation that we have heard from previous developers.
The interaction of the Planning Board with Mr. Kent was also noticable. The board members had specific questions (they did their homework) of Mr. Kent and the two way conversation was open and cleared up many concerns.
I felt that the reduction in the number of lots to 65, would maintain the integrety of the surrounding contour and greenspace of the area. This is responsible development. Mr. Kent and associate make profit, the surrounding community is less stressed, the area stays green and the county gains a high end neighborhood.
What I saw this night was, a developer, government, and citizens working together to Conserve as the Comprehensive Plan states: "The distinctive natural and man-made features and resources that contribute to the rural chacter of the Dearborn County".
submitted by Kathy Scott, Logan Township
I was present at this meeting to hear Mr. Kent, present his plans for development on SR1, Salt Fork and Cambridge. I want to commend Mr. Kent for the very professional manner in which he made his presentation.
When members in the audience made their feelings known about this development, both positive and negative, Mr. Kent took the initiative to explain and answer their concerns. When addressing the Comprehensive Plan, he offered details to explain how he had worked to meet the 5 Guiding Principals of the plan. This was not the general conversation that we have heard from previous developers.
The interaction of the Planning Board with Mr. Kent was also noticable. The board members had specific questions (they did their homework) of Mr. Kent and the two way conversation was open and cleared up many concerns.
I felt that the reduction in the number of lots to 65, would maintain the integrety of the surrounding contour and greenspace of the area. This is responsible development. Mr. Kent and associate make profit, the surrounding community is less stressed, the area stays green and the county gains a high end neighborhood.
What I saw this night was, a developer, government, and citizens working together to Conserve as the Comprehensive Plan states: "The distinctive natural and man-made features and resources that contribute to the rural chacter of the Dearborn County".
Thursday, July 06, 2006
5 July 2006 Dearborn County Commissioner Meeting Notes
5 July 2006 Dearborn County Commissioner Meeting Notes
Present: Hughes, President, Benning, and Fox
Also present: Pickens, Auditor, Ewbank, Attorney, and Messmore, Administrator.
No uniformed police officer was present.
1. Mike Hankins DCRSD Chairman- gave a 3-minute update on the County Sewer status. Brett Fehrman accompanied Hankins. Hankins stated the Woolpert Study phase 1 was completed and expected a final in mid August to early September. It will include a sanitary sewer map. Bids will be opened for Cole Lane and Stewart St. July 28th.
Greendale’s contract offer which “started out as a business deal and turned into a political football” will be the subject of the entire July 6 DCRSD meeting. Hankins disagrees that this is a no- brainer and thinks that it will take a lot of brainpower to decide. He recommends that they stick with the strategic plan with Woolpert. [NOTE: Woolpert’s draft plan- Phase 1 has not been made public. They were sent back with changes to be made. The strategic plan is thus a combination of Woolpert’s ideas and also the DCRSD board’s. It would be interesting to see if that plan matches the County Comp plan.] They are also working with St. Leon and expect spillover business and housing from the Greensburg Honda plant. They received a pool of money from Council of $4.5 mil.
2. Transportation- Todd Listerman- Listerman will be on vacation the week of July 17th.
Commissioners signed Listerman’s bond for being director of Highway dept.
There is a public meeting July 26th at Seymour INDOT office – 1:30 –3 and repeated at 5:30 – 7 to go over Major Moves and what it does for existing projects. Listerman thinks SR56 is the only one that will move up the list as a result of the money. He’s still trying to get federal aid set up for Wilson Creek, North Dearborn, and Stateline.
IAC wants a separate county account set up to handle all Major Moves money so that they can pursue getting it annually instead of a 2-year one-time event.
By law Major Moves can be spent on any MVH use- but they are encouraged to spend it on economic development and capacity/safety projects. Pickens will set up account.
Triple Whipple received an additional $673,000 from INDOT. Construction set for next summer and will be part of pedestrian connection from Rising Sun to Aurora.
HVL-Stateline intersection plans just arrived on his desk last Friday. If OK he will have bids by end of August and construction in Sept.
Cranes Run Road (off Pinhook) was approved to be maintained officially at .95 miles, cutting off the last 0.1 miles that was a driveway to the old homestead at the end of the road. A culvert and cul de sac will be added at county expense. The road is gravel- 12 ft. wide. The owner at the end is deceased and the land is owned as Bernard Holthaus Trust.
Fox and Hughes approved- Benning abstained. She had asked for names of owners on the road and said she hadn’t seen it before tonight.
Hughes asked about flashing lights at Bright Schools under the Safer Routes to School act- and Listerman informed him that it was for pedestrian traffic and areas with sidewalks.
July 26th is the public meeting for the US 50 Corridor land uses and access points study by ME. (doing the accesses from Stateline to SR 62 along US 50) 6-8 PM LHS Cafeteria.
3. Old Business- Hughes asked if tree prices were checked on County Farm. Fox indicated that the prices were accurate in his and forester’s opinions.
4. Meeting with Dan Gieringer – Harrison Mayor is July 6 at 4:30 PM to discuss county responsibilities on paving State Street.
5. Claims and minutes were signed including the set with the November 15th amendment on DCRSD formation as a regional sewer district.
6. Bryan Messmore- Administrator – Manchester EMS signed for $12,000 same as the others.
William Powers reappointed to Library Board by Commissioners.
The US 50 Gateway Meeting will be July 26th from 6-8 PM at Lawrenceburg High School Cafeteria. They have studied over 400 access points from Stateline to Sr62 and are expecting businesses etc to respond to their recommendations that night. These are also on the county planning website at www.dearborncounty.org/planning
Messmore went into some detail about getting $30,000 a year to spend on a financial services resource partnership with Vieste,LLC – Level 5 Engineering and London Witte (the financial side). (Messmore thought they were INDY –based.) Messmore says it is the county’s role to coordinate activities and wants to consolidate info and services so as not to be duplicating. He also mentioned that the Redevelopment Commission is using this group. The group feels that they do not want to take money from the county general funds but wan to be part of what’s happening here to take advantage of the opportunities that will come with economic development.
Hughes said private entities want to come here and Messmore said that this company will help bring those private entities in to pay for infrastructure. [NOTE: Isn’t that what the TIF was for?]
Fox said we might as well look at their contract and review it. He planned on checking with Charlie Fehrman who was also at the interview with this company.
Messmore said these people can be the in house managers for the jailhouse project too. [NOTE: That’s one way they get extra fees???]
He also said DCRSD and DCEDI can use them to partner up. They do economic development modeling, look at return on investments, I-74 corridor, review current financial management system and reports, and available to consult. They will partner to provide us with long term financing. Fox said – this is one stop shopping. [NOTE: Did we find them or did they find us? Is this a competitive arrangement or a closed shop?]
7. Art Little – Bright Firehouse – stated they went to the firehouse and talked to see what the immediate needs for the EMS and fire were. They also went to see John Maxwell about plans for a new firehouse. Little stated there were 10,000 people in Miller township he thought- with all the building since the census. (He added about 1500 people to the 2000 census figures) Benning asked if they incorporated would that help pay for this? Little said that would put the costs on the residents of Bright rather than spread over the entire county. Messmore noted that he’d sought out Susan Craig at SIRDC and found a grant source to help cover 24 hr EMS coverage.
8. Ewbank- Attorney- After publication the Building Ordinance will be in effect. Homeland Security checked it out – took 6 months.
9. Hughes- Wants to discuss future funding with Council at budget time regarding $25,000 per EMS unit instead of $12,000.
The Shumway Building- now owned by Fortune Mgmt- will be appraised twice and get an average of the two for purchase price to see if it is more suitable that the old I&M building for moving the 4 offices in. (Planning, Hwy, Health, and Building) It was believed they would get an additional 5000 sq ft at same price. [NOTE: How would they know that without an appraisal? Doesn’t the county already own I&M building? ]
10. Benning- noted that with the Honda facility we would need more sewers, more houses, more recreation, more entertainment, more transportation, etc.
Passed out the Comcast letter on a rate increase.
Notified Commissioners of Chateau Pomije being under new ownership and that they all were invited to meet the new owner as they opened the new sport’s bar.
Answered an email from Chet Wolgamot to Bryan Messmore concerning incorrect meeting dates on the website.
Messmore also noted that there is a Hazard Mitigation Plan Steering Committee July 18th. Bill Black is attending for the county.
Meeting adjourned at 7:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Hughes, President, Benning, and Fox
Also present: Pickens, Auditor, Ewbank, Attorney, and Messmore, Administrator.
No uniformed police officer was present.
1. Mike Hankins DCRSD Chairman- gave a 3-minute update on the County Sewer status. Brett Fehrman accompanied Hankins. Hankins stated the Woolpert Study phase 1 was completed and expected a final in mid August to early September. It will include a sanitary sewer map. Bids will be opened for Cole Lane and Stewart St. July 28th.
Greendale’s contract offer which “started out as a business deal and turned into a political football” will be the subject of the entire July 6 DCRSD meeting. Hankins disagrees that this is a no- brainer and thinks that it will take a lot of brainpower to decide. He recommends that they stick with the strategic plan with Woolpert. [NOTE: Woolpert’s draft plan- Phase 1 has not been made public. They were sent back with changes to be made. The strategic plan is thus a combination of Woolpert’s ideas and also the DCRSD board’s. It would be interesting to see if that plan matches the County Comp plan.] They are also working with St. Leon and expect spillover business and housing from the Greensburg Honda plant. They received a pool of money from Council of $4.5 mil.
2. Transportation- Todd Listerman- Listerman will be on vacation the week of July 17th.
Commissioners signed Listerman’s bond for being director of Highway dept.
There is a public meeting July 26th at Seymour INDOT office – 1:30 –3 and repeated at 5:30 – 7 to go over Major Moves and what it does for existing projects. Listerman thinks SR56 is the only one that will move up the list as a result of the money. He’s still trying to get federal aid set up for Wilson Creek, North Dearborn, and Stateline.
IAC wants a separate county account set up to handle all Major Moves money so that they can pursue getting it annually instead of a 2-year one-time event.
By law Major Moves can be spent on any MVH use- but they are encouraged to spend it on economic development and capacity/safety projects. Pickens will set up account.
Triple Whipple received an additional $673,000 from INDOT. Construction set for next summer and will be part of pedestrian connection from Rising Sun to Aurora.
HVL-Stateline intersection plans just arrived on his desk last Friday. If OK he will have bids by end of August and construction in Sept.
Cranes Run Road (off Pinhook) was approved to be maintained officially at .95 miles, cutting off the last 0.1 miles that was a driveway to the old homestead at the end of the road. A culvert and cul de sac will be added at county expense. The road is gravel- 12 ft. wide. The owner at the end is deceased and the land is owned as Bernard Holthaus Trust.
Fox and Hughes approved- Benning abstained. She had asked for names of owners on the road and said she hadn’t seen it before tonight.
Hughes asked about flashing lights at Bright Schools under the Safer Routes to School act- and Listerman informed him that it was for pedestrian traffic and areas with sidewalks.
July 26th is the public meeting for the US 50 Corridor land uses and access points study by ME. (doing the accesses from Stateline to SR 62 along US 50) 6-8 PM LHS Cafeteria.
3. Old Business- Hughes asked if tree prices were checked on County Farm. Fox indicated that the prices were accurate in his and forester’s opinions.
4. Meeting with Dan Gieringer – Harrison Mayor is July 6 at 4:30 PM to discuss county responsibilities on paving State Street.
5. Claims and minutes were signed including the set with the November 15th amendment on DCRSD formation as a regional sewer district.
6. Bryan Messmore- Administrator – Manchester EMS signed for $12,000 same as the others.
William Powers reappointed to Library Board by Commissioners.
The US 50 Gateway Meeting will be July 26th from 6-8 PM at Lawrenceburg High School Cafeteria. They have studied over 400 access points from Stateline to Sr62 and are expecting businesses etc to respond to their recommendations that night. These are also on the county planning website at www.dearborncounty.org/planning
Messmore went into some detail about getting $30,000 a year to spend on a financial services resource partnership with Vieste,LLC – Level 5 Engineering and London Witte (the financial side). (Messmore thought they were INDY –based.) Messmore says it is the county’s role to coordinate activities and wants to consolidate info and services so as not to be duplicating. He also mentioned that the Redevelopment Commission is using this group. The group feels that they do not want to take money from the county general funds but wan to be part of what’s happening here to take advantage of the opportunities that will come with economic development.
Hughes said private entities want to come here and Messmore said that this company will help bring those private entities in to pay for infrastructure. [NOTE: Isn’t that what the TIF was for?]
Fox said we might as well look at their contract and review it. He planned on checking with Charlie Fehrman who was also at the interview with this company.
Messmore said these people can be the in house managers for the jailhouse project too. [NOTE: That’s one way they get extra fees???]
He also said DCRSD and DCEDI can use them to partner up. They do economic development modeling, look at return on investments, I-74 corridor, review current financial management system and reports, and available to consult. They will partner to provide us with long term financing. Fox said – this is one stop shopping. [NOTE: Did we find them or did they find us? Is this a competitive arrangement or a closed shop?]
7. Art Little – Bright Firehouse – stated they went to the firehouse and talked to see what the immediate needs for the EMS and fire were. They also went to see John Maxwell about plans for a new firehouse. Little stated there were 10,000 people in Miller township he thought- with all the building since the census. (He added about 1500 people to the 2000 census figures) Benning asked if they incorporated would that help pay for this? Little said that would put the costs on the residents of Bright rather than spread over the entire county. Messmore noted that he’d sought out Susan Craig at SIRDC and found a grant source to help cover 24 hr EMS coverage.
8. Ewbank- Attorney- After publication the Building Ordinance will be in effect. Homeland Security checked it out – took 6 months.
9. Hughes- Wants to discuss future funding with Council at budget time regarding $25,000 per EMS unit instead of $12,000.
The Shumway Building- now owned by Fortune Mgmt- will be appraised twice and get an average of the two for purchase price to see if it is more suitable that the old I&M building for moving the 4 offices in. (Planning, Hwy, Health, and Building) It was believed they would get an additional 5000 sq ft at same price. [NOTE: How would they know that without an appraisal? Doesn’t the county already own I&M building? ]
10. Benning- noted that with the Honda facility we would need more sewers, more houses, more recreation, more entertainment, more transportation, etc.
Passed out the Comcast letter on a rate increase.
Notified Commissioners of Chateau Pomije being under new ownership and that they all were invited to meet the new owner as they opened the new sport’s bar.
Answered an email from Chet Wolgamot to Bryan Messmore concerning incorrect meeting dates on the website.
Messmore also noted that there is a Hazard Mitigation Plan Steering Committee July 18th. Bill Black is attending for the county.
Meeting adjourned at 7:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, July 04, 2006
Commissioners to REHEAR SunValley Acres Zone change request
Local residents at the SR48 and SR148 area learned last Friday that the DC Commissioners will rehear the Sun Valley Acres application on July 18th. A link to a notice for the meeting on the Dearborn County Web site is:
http://www.dearborncounty.org/planning/public%20notice.htm
The meeting will be advertised in the local newspaper also.
http://www.dearborncounty.org/planning/public%20notice.htm
The meeting will be advertised in the local newspaper also.
Tuesday, June 27, 2006
26 June 2006 Dearborn County Plan Commission Meeting Notes
26 June 2006 Dearborn County Plan Commission Meeting Notes
Present: Mark Mitter, Chairman, Jane Ohlmansiek, Tarry Feiss, Nick Held, Mike Hall, Jeff Hughes, and Dennis Kraus, Jr.
Absent: Patrick deMaynadier and Robert Laws
Also Present: Arnie McGill, Attorney, and Mark McCormack, Planning Director, and Kate Rademacher, Enforcement Officer.
Approximately 20 people were present.
Zone Change from Ag to Residential for a maximum of 65 homes on 127.172 acres in Miller Township on SR1, Salt Fork, and Cambridge was given a unanimous FAVORABLE recommendation to the commissioners with several stipulations that the applicant had proposed. Owner- Wayne Ferguson.
Public speaking in opposition ( Lonnie Mitchell, Bob Billups (sp?), Scott Warning, George Steffan, Mike Cain, Mike Henson (current owner of Wingate property), Cynthia Fox, Robert Craig, Fifi Biehle, Gary Reeves, Dave Fragel) cited runoff concerns, wildlife habitat degradation, traffic safety with SR1 and the nearby dangerous intersections at Georgetown and Salt Fork, steep slope being denuded to get a view of PNS and Tanner Valley, Cambridge Rd being a “16’ buggy path with questionable ROW- possible 28 ft., possible problems obtaining sewers in near future, school overcrowding at Sunman Dearborn district, line of sight issues with trees, guardrail removal and fill required for turn lanes, creek issues and topography at entrance with adjoining neighbor.
Rick Pope spoke in favor of the plan, but asked why boulevard had to be the entire access length. Thought this would be high end and fiscally responsible at $300,000 homes and up with $80,000 for 1.5 acre lots. Not too many kids added to schools, because people with kids can’t afford these homes.
Board questioned Tom Kent on various points for about an hour and obtained suitable answers. The bulk of the board was adamant that turn lanes be required. [NOTE: This is a good idea- by contrast, the state has not gotten turn lanes on any of their intersections onto SR1 nor have they corrected them to perpendicular access. Work on the bridge at Greendale is in process, while Salt Fork Bridge and that dangerous intersection are still on hold. Tarry Feiss questioned highway workers on that and they were reportedly surprised when they saw which bridge was being done first. This may be because of the ranking for road projects on the 2030 plan. Plan Commission may want to look at that plan again if they think there is a problem with development and the rankings of projects.]
Feiss motioned with the stipulations as above and Hall 2nd. All ayes Favorable recommendation with the following stipulations per applicant’s proposal:
1. Certification of land use restricted to 65 lots max, 2. Sewage provided, 3. Both L and R turn lanes be provided on SR 1, 4. Future connectivity to Cambridge Road be set aside and gated at this time, 5. No grading on land of 20% slope or greater, and 6. Entrance on SR 1 be boulevard style for the entire length of the access and design approved by county engineer.
ADMINISTRATIVE:
Discussion on whether or not commissioners can send a zone change back to the PC to be reconsidered. Indiana Code mentioned and probability of having to start over with request. Lawsuit mentioned from when Schmidt redevelopment on White’s Hill had commissioners do stipulations, which they are not allowed to do by state law. Hughes was questioning possibilities.
McCormack informed board that the code changes weren’t advertised and so would have to be moved to July meeting.
Rules on major and minor site plans were passed out for the PC to review for July.
Non-commercial signage changes in ordinance were given out- as prepared by Ewbank for the commissioners following the Dorothy White lawsuit pertaining to first amendment rights. Changes to section 2015 and article 27 definitions were included. Dorothy White was in attendance for this. These will be advertised for July meeting also.
July meeting is split between July 24 and July 31 because of too many large cases.
Kate Rademacher was introduced to the board as the new enforcement officer.
McCormack is trying to set up a meeting with school boards and superintendents similar to the sewer company meetings a couple years ago. Hoping for August time frame.
Budget will be completed by Friday.
Meeting with St. Leon’s attorney and also W. Harrison – probably going to share the cost for ½ a planner and the county will help manage their planning issues. This will be discussed at budget hearings.
Talking to DCEDI to see if they want to partner on fiscal impact study for the county.
Sugar Ridge coming in for another waiver of buffer between condos and golf course. Apparently Sugar Ridge has had numerous changes and splits. Board discussed fees escalating when more than one replat is sought. No decision.
Meeting adjourned 10:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Mark Mitter, Chairman, Jane Ohlmansiek, Tarry Feiss, Nick Held, Mike Hall, Jeff Hughes, and Dennis Kraus, Jr.
Absent: Patrick deMaynadier and Robert Laws
Also Present: Arnie McGill, Attorney, and Mark McCormack, Planning Director, and Kate Rademacher, Enforcement Officer.
Approximately 20 people were present.
Zone Change from Ag to Residential for a maximum of 65 homes on 127.172 acres in Miller Township on SR1, Salt Fork, and Cambridge was given a unanimous FAVORABLE recommendation to the commissioners with several stipulations that the applicant had proposed. Owner- Wayne Ferguson.
Public speaking in opposition ( Lonnie Mitchell, Bob Billups (sp?), Scott Warning, George Steffan, Mike Cain, Mike Henson (current owner of Wingate property), Cynthia Fox, Robert Craig, Fifi Biehle, Gary Reeves, Dave Fragel) cited runoff concerns, wildlife habitat degradation, traffic safety with SR1 and the nearby dangerous intersections at Georgetown and Salt Fork, steep slope being denuded to get a view of PNS and Tanner Valley, Cambridge Rd being a “16’ buggy path with questionable ROW- possible 28 ft., possible problems obtaining sewers in near future, school overcrowding at Sunman Dearborn district, line of sight issues with trees, guardrail removal and fill required for turn lanes, creek issues and topography at entrance with adjoining neighbor.
Rick Pope spoke in favor of the plan, but asked why boulevard had to be the entire access length. Thought this would be high end and fiscally responsible at $300,000 homes and up with $80,000 for 1.5 acre lots. Not too many kids added to schools, because people with kids can’t afford these homes.
Board questioned Tom Kent on various points for about an hour and obtained suitable answers. The bulk of the board was adamant that turn lanes be required. [NOTE: This is a good idea- by contrast, the state has not gotten turn lanes on any of their intersections onto SR1 nor have they corrected them to perpendicular access. Work on the bridge at Greendale is in process, while Salt Fork Bridge and that dangerous intersection are still on hold. Tarry Feiss questioned highway workers on that and they were reportedly surprised when they saw which bridge was being done first. This may be because of the ranking for road projects on the 2030 plan. Plan Commission may want to look at that plan again if they think there is a problem with development and the rankings of projects.]
Feiss motioned with the stipulations as above and Hall 2nd. All ayes Favorable recommendation with the following stipulations per applicant’s proposal:
1. Certification of land use restricted to 65 lots max, 2. Sewage provided, 3. Both L and R turn lanes be provided on SR 1, 4. Future connectivity to Cambridge Road be set aside and gated at this time, 5. No grading on land of 20% slope or greater, and 6. Entrance on SR 1 be boulevard style for the entire length of the access and design approved by county engineer.
ADMINISTRATIVE:
Discussion on whether or not commissioners can send a zone change back to the PC to be reconsidered. Indiana Code mentioned and probability of having to start over with request. Lawsuit mentioned from when Schmidt redevelopment on White’s Hill had commissioners do stipulations, which they are not allowed to do by state law. Hughes was questioning possibilities.
McCormack informed board that the code changes weren’t advertised and so would have to be moved to July meeting.
Rules on major and minor site plans were passed out for the PC to review for July.
Non-commercial signage changes in ordinance were given out- as prepared by Ewbank for the commissioners following the Dorothy White lawsuit pertaining to first amendment rights. Changes to section 2015 and article 27 definitions were included. Dorothy White was in attendance for this. These will be advertised for July meeting also.
July meeting is split between July 24 and July 31 because of too many large cases.
Kate Rademacher was introduced to the board as the new enforcement officer.
McCormack is trying to set up a meeting with school boards and superintendents similar to the sewer company meetings a couple years ago. Hoping for August time frame.
Budget will be completed by Friday.
Meeting with St. Leon’s attorney and also W. Harrison – probably going to share the cost for ½ a planner and the county will help manage their planning issues. This will be discussed at budget hearings.
Talking to DCEDI to see if they want to partner on fiscal impact study for the county.
Sugar Ridge coming in for another waiver of buffer between condos and golf course. Apparently Sugar Ridge has had numerous changes and splits. Board discussed fees escalating when more than one replat is sought. No decision.
Meeting adjourned 10:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Thursday, June 22, 2006
DCRSD GETS TAXPAYER FINANCING FOR SEWERS
DCRSD Gets Taxpayer Financing for Sewers
At the 21 June 2006 County Council meeting 2.5 hours of discussion resulted in a negotiated deal to get money for DCRSD to “get into the game.” Cost to the taxpayers could be $4.5 million. DCRSD plans to use the $4.5 million to leverage more money at the Lawrenceburg bond bank. Council thinks the set-aside account would show good faith for DCRSD to negotiate with SDRSD and St. Leon Sewer Board.
The vote was 4 to 2. Fehrman, as chair, wasn’t required to vote, though he was clearly supportive. Fehrman left the room and talked to various supporters in the hall and around the room as the discussion was going on. Nay votes came from Cheek and Lansing due to unresolved issues with Greendale. There was also a desire to wait till August to see the sewer Study master plan.
The bulk of the discussion centered on membership in SDRSD, which is threatened by a nay vote from Greendale should DCRSD not agree to Greendale’s agreement to be able to serve 4 subdivisions that they’d planned on serving and to allow Greendale to keep HVL, a current customer. This resulted from DCRSD taking over “all areas not currently served.”
Economic development issues were also discussed. Jim West, Bill Ritzman, John Rahe, Richard Butler, and Mike Rozow represented DCEDI, the Redevelopment Commission, and the Chamber of Commerce. Mike Hankins, Brett Fehrman, and Rodney Dennerline represented DCRSD.
Hankins referred to SDRSD’s governance as being “antiquated” more than once in his presentation, because it requires a unanimous vote for a member to join. From the outside that may appear to be the case. Inside the SDRSD, it protects their initial investments, customer rates, and expansion from members unable to carry their share of the load.
DCRSD is a relative neophyte in the sewer business. They have yet to build a firm foundation. They elected to hurry up and take over all areas not currently served by sewers in November 2005. This occurred at a Commissioners meeting without being on the agenda. The wording for the commissioners to use was provided by DCRSD’s attorney, Lisa Lehner. At a recent meeting of commissioners, Lehner submitted an amendment to the minutes of the November meeting to show discussion on the issue to reflect it being done for health and safety of the residents.
In their hurry DCRSD failed to consult the local cities and towns to see what their utility plans were. Greendale, for example, had a plan because developers had requested service. They laid pipes for a gravity system along SR1 also. Gravity systems are expensive to lay out, but are cheaper to maintain. DCRSD should have consulted them before essentially negating their investment.
What about expansion of the cities themselves? How can they annex areas served by the county? Has anyone thought about who owns the pipes and who gets to bill the customers then?
The DCRSD letter to Council notes: “At present, County residents outside municipal jurisdictions are serviced by a municipal service provider, often at a higher cost than local residents pay. We would attempt to reduce that inequity.” DCRSD surely has noticed that taxes paid by residents in the local cities are higher than those in the county outside. The city residents get a reduced rate partially due to their taxes and the economies of scale along with their high density of living. DCRSD will find that providing sewer service and maintaining lines is costly. Someone has to pay. It may truly be more efficient and less expensive to add on to the cities rather than duplicate services.
If you look at the county as a whole, there are very few areas that couldn’t be served by EXISTING sewer providers in Aurora, Dillsboro, Lawrenceburg, Greendale, LMH, Moore’s Hill, and St. Leon. Most areas remaining are rural or farms. DCRSD needs to widen the circle around the towns to allow them some breathing space and potential expansion room.
Greendale has made DCRSD an offer that sounds beneficial to both. It lets Greendale recoup their investment in lines that will serve 4 subdivisions and retain existing customer- VRUC. It lets DCRSD get capacity from Greendale for free and possibly tack on a surcharge to the new development customers to help pay for county uses beyond this area or help Aurora so the county can pass through them, or fix High Ridge Estates, or buy capacity at St. Leon for the county’s TIF.
Goals of the DCRSD are 1. to maintain health and safety of residents, 2. to serve economic development areas, and 3 to serve residential growth – in that order. Yet we see the biggest hassle being over eastern residential growth and Greendale serving it.
DCRSD had no problem with allowing LMH to serve Maxwell’s proposed subdivision on Sneakville Road. What is the difference between that and Greendale serving the subdivisions they had planned to serve?
Hankins noted they were getting variances with IDEM to allow more inflow to Aurora even though Aurora is in violation with IDEM. He asked: What’s the difference if HighRidge Estates overflows there or in Aurora? Could the difference be that AURORA PAYS PENALTIES when this occurs?
Why is the little town of Guilford a big issue? Is it because of what’s above Guilford?
Similarly, why are we concerned with New Alsace at this point?
It seems that economics is the driver and no one is paying attention to how the county can biologically and scientifically devise a plan that will take us into the future- responsibly.
DCRSD states in their letter to Council that:”Since its establishment, the board of DCRSD has spent its initial period getting its arms around the sewer issue in Dearborn County.” We need to be sure those arms don’t strangle our neighbors in the cities and towns.
Christine Brauer Mueller
Lawrenceburg Township
At the 21 June 2006 County Council meeting 2.5 hours of discussion resulted in a negotiated deal to get money for DCRSD to “get into the game.” Cost to the taxpayers could be $4.5 million. DCRSD plans to use the $4.5 million to leverage more money at the Lawrenceburg bond bank. Council thinks the set-aside account would show good faith for DCRSD to negotiate with SDRSD and St. Leon Sewer Board.
The vote was 4 to 2. Fehrman, as chair, wasn’t required to vote, though he was clearly supportive. Fehrman left the room and talked to various supporters in the hall and around the room as the discussion was going on. Nay votes came from Cheek and Lansing due to unresolved issues with Greendale. There was also a desire to wait till August to see the sewer Study master plan.
The bulk of the discussion centered on membership in SDRSD, which is threatened by a nay vote from Greendale should DCRSD not agree to Greendale’s agreement to be able to serve 4 subdivisions that they’d planned on serving and to allow Greendale to keep HVL, a current customer. This resulted from DCRSD taking over “all areas not currently served.”
Economic development issues were also discussed. Jim West, Bill Ritzman, John Rahe, Richard Butler, and Mike Rozow represented DCEDI, the Redevelopment Commission, and the Chamber of Commerce. Mike Hankins, Brett Fehrman, and Rodney Dennerline represented DCRSD.
Hankins referred to SDRSD’s governance as being “antiquated” more than once in his presentation, because it requires a unanimous vote for a member to join. From the outside that may appear to be the case. Inside the SDRSD, it protects their initial investments, customer rates, and expansion from members unable to carry their share of the load.
DCRSD is a relative neophyte in the sewer business. They have yet to build a firm foundation. They elected to hurry up and take over all areas not currently served by sewers in November 2005. This occurred at a Commissioners meeting without being on the agenda. The wording for the commissioners to use was provided by DCRSD’s attorney, Lisa Lehner. At a recent meeting of commissioners, Lehner submitted an amendment to the minutes of the November meeting to show discussion on the issue to reflect it being done for health and safety of the residents.
In their hurry DCRSD failed to consult the local cities and towns to see what their utility plans were. Greendale, for example, had a plan because developers had requested service. They laid pipes for a gravity system along SR1 also. Gravity systems are expensive to lay out, but are cheaper to maintain. DCRSD should have consulted them before essentially negating their investment.
What about expansion of the cities themselves? How can they annex areas served by the county? Has anyone thought about who owns the pipes and who gets to bill the customers then?
The DCRSD letter to Council notes: “At present, County residents outside municipal jurisdictions are serviced by a municipal service provider, often at a higher cost than local residents pay. We would attempt to reduce that inequity.” DCRSD surely has noticed that taxes paid by residents in the local cities are higher than those in the county outside. The city residents get a reduced rate partially due to their taxes and the economies of scale along with their high density of living. DCRSD will find that providing sewer service and maintaining lines is costly. Someone has to pay. It may truly be more efficient and less expensive to add on to the cities rather than duplicate services.
If you look at the county as a whole, there are very few areas that couldn’t be served by EXISTING sewer providers in Aurora, Dillsboro, Lawrenceburg, Greendale, LMH, Moore’s Hill, and St. Leon. Most areas remaining are rural or farms. DCRSD needs to widen the circle around the towns to allow them some breathing space and potential expansion room.
Greendale has made DCRSD an offer that sounds beneficial to both. It lets Greendale recoup their investment in lines that will serve 4 subdivisions and retain existing customer- VRUC. It lets DCRSD get capacity from Greendale for free and possibly tack on a surcharge to the new development customers to help pay for county uses beyond this area or help Aurora so the county can pass through them, or fix High Ridge Estates, or buy capacity at St. Leon for the county’s TIF.
Goals of the DCRSD are 1. to maintain health and safety of residents, 2. to serve economic development areas, and 3 to serve residential growth – in that order. Yet we see the biggest hassle being over eastern residential growth and Greendale serving it.
DCRSD had no problem with allowing LMH to serve Maxwell’s proposed subdivision on Sneakville Road. What is the difference between that and Greendale serving the subdivisions they had planned to serve?
Hankins noted they were getting variances with IDEM to allow more inflow to Aurora even though Aurora is in violation with IDEM. He asked: What’s the difference if HighRidge Estates overflows there or in Aurora? Could the difference be that AURORA PAYS PENALTIES when this occurs?
Why is the little town of Guilford a big issue? Is it because of what’s above Guilford?
Similarly, why are we concerned with New Alsace at this point?
It seems that economics is the driver and no one is paying attention to how the county can biologically and scientifically devise a plan that will take us into the future- responsibly.
DCRSD states in their letter to Council that:”Since its establishment, the board of DCRSD has spent its initial period getting its arms around the sewer issue in Dearborn County.” We need to be sure those arms don’t strangle our neighbors in the cities and towns.
Christine Brauer Mueller
Lawrenceburg Township
Wednesday, June 21, 2006
20 June 2006 Dearborn County Commissioners Meeting Notes
20 June 2006 Dearborn County Commissioners Meeting Notes
Present: Hughes, Chairman, Fox, and Benning
Also present: Pickens, Auditor, Messmore, Administrator, and Ewbank, Attorney
A uniformed county police officer was present.
Register Publications also covered the meeting.
The meeting room was full- approximately 60 people present.
[NOTE: Both candidates for D-3 County Commissioner were present, cordial, and seated next to each other: Ralph Thompson-Republican and the new candidate put up by the Democrat Caucus last week – Frank Linkmeyer.]
1. Chris McHenry for Dearborn County Historical Society – requested consideration for $10,ooo in the 2007 budget, as usual.
2. County Farm- Mike Heffelmire- was told to get a survey to mark off the shooting range for the Boy Scouts on the farm so as to keep other park uses away from that area. Lease was OK’d for Scouts and 4H with that provision. Heffelmire also told commissioners that the Boy Scouts had a $10,000 grant from the Dearborn Foundation. They used all but $157 and RETURNED THAT TO THE FOUNDATION. Stated this to show this was the only time the foundation had money back and attested to their honesty.
Later at 7PM Steve Doll- Forester- opened 3 bids for county timber on 278 trees (93 of them white ash as they are trying to harvest ahead of the white ash bore.) Ray Benham was $21,000, E&H Logging for $24,000, and John Cooley (couldn’t hear and spelling?) $18,500. Tabled for 1 month to look over, as the income seemed low to the commissioners.
3. SEIMAC (Media Arts Council with Leroy McCluskey and Dave Abner)- requested $7500 in startup money and equipment money to be funneled through HHH (Historic Hoosier Hills) as their status as a non-profit apparently works better that way. Lengthy presentation on audio and visual options they will try to put out for county residents to use. OK’s to go to Council for 2007 budget consideration or one time grant.
[NOTE: This may be hard for Council to justify, as we are short on funds for basics like roads and sewers, etc.]
4. Weights and Measures- Jeff Smith- gave annual report and 2007 budget. Requesting a truck AGAIN. His own has 230,000 miles on it. Mentioned he may be able to go full time. Questions on who insures him and his truck. Seems that the county currently treats him as an outside contractor.
5. Transportation and Engineering- Todd Listerman-
Freightliner approved for 2 chassis for $113,252
Kaffenberger only bidder- approved for dump beds, spreader boxes, and plows for $60,370 for two.
6. PUBLIC HEARING FOR SUN VALLEY ACRES ZONE CHANGE opened at 7:15 PM
Mark McCormack- Planning Director- gave the overview of the county Plan Commission meeting and the 4 motions that failed. He also explained the options open to the commissioners to approve, deny, or let sit for 90 days at which point it would be effectively denied if they didn’t act. The decision was certified on May 31, 2006- so the 90 days starts from that point in time.
He noted there was no concept development plan submitted with the final presentation in May and that Kent stated he would make it moderate density at about 1.07 lots per acre average. [NOTE: This is actually on the borderline of being high density at less than an acre per lot]
The plan went from 265 to 180 units. They want to cluster.
The commissioners have to consider the worst-case scenario of highest density if they rezone without a concept development plan.
Sewers will be provided by a partnership of DCRSD, SDRSD, and Lawrenceburg. A R turn lane is recommended.
The 5 criteria for a zone change were posted at the end of the PowerPoint.
Residents speaking in opposition: (At this meeting there were none speaking publicly to support the proposal except for Tom Kent, the developer)
Dennis Sparks- Concerned with education at South Dearborn and especially the potential doubling of enrollment at Manchester Elementary. The 500 petitioners represent practically everyone on 48 up to Negangard’s Corner. Read the Comp Plan and doesn’t think that they fit with #2. These are not MODERATE density- many homes are on large acres- like 8 acres. Section 520 of the code states you have to view this as worst-case scenario – condos even. You should not do this without a VISUAL plan- this will affect our property values. Sent an email to the 3 commissioners and apologized for his tone- but THIS IS MY HOME! The infrastructure is not there YET.
Irwin Diehl- reminded them that there is not a formal commitment from Kent on the actual density. By removing the detailed site map in May- Kent removed the commitment. We will have a serene rural residential area succumbing to high density. He is using the highest end of moderate density across the board. Kent is the front person for the PERFECT PLAN– and if this goes through and they want to make more profit- they will take it over from him.
People’s single biggest investment is their home. They borrow against it to finance college and other things for their family. There is a real and a subjective value to this “nest egg” that we call home. When you choose rural living that is the quality of life you desire.
Sheriff Lusby campaigned saying that increased density leads to increased crime and increased traffic and accidents.
When you put rats in a cage and it becomes crowded they either become depressed and withdrawn or get aggressive. There are 22 adjoiners who oppose this and 4-5 who want it. There are 387 acres opposed and 174 acres who want it.
Please consider and apply the criteria in the zoning code and comp plan to deny this. We are generally not anti development- we support reasonable- low-density plans that would not burden the community.
Johnny Schott- Has loved DC for 50 years and moved home and two businesses here. I set out to buy an EXISTING home so as not to contribute to urbanization here. People do NOT come here for density- they have that in Ohio. Money is not the only value we have- peace, quiet, and tranquility are also valued. Dearborn County desperately needs to correct the oversight and create levels of residential zoning. Deny this until we get that commitment or those levels in place.
Eric Watkins- moved here a year ago- to be a long term resident. Treat this as worst-case scenario. His relocation company even noted that they couldn’t approve his home unless it was among similar homes because of the value issues. This does not meet the burden of proof needed for the zone change.
Brian Groh – Noted again the large number of residents opposed. (the room was full)Citizens took time to come and have their voices heard and to obtain 500 petitions. They are angry because this is grossly out of character. There are issues with SR48 and US 50 traffic that are not resolved yet. Many people do not agree that you should be able to do anything you want with your property. Try to find a reasonable solution for both sides. MANY PEOPLE FEEL THAT THE MAJORITY OF YOU ARE SO PRO-DEVELOPMENT THAT YOU WILL ALLOW THIS ANYWAY. In their eyes the only way to fix this is to vote you out. Those of us here hope you can fix this and we can say you did it right.
Chet Wolgamot – gave a clear depiction using the county plat map books of the 6 square miles surrounding the development. He showed no ¼ or ½ acre lots. He showed a small amount of 1-3 acre lots. He showed how some small lots were combined to one owner to make a large lot site. Using county records at the assessor’s office he showed that virtually all the 6 square miles is greater than 3-acre home sites.
“We are all agonizingly familiar with section 540 of the code.” He went on to address each criterion for a zone change in that section.
This is the worst cost to benefit rate of any land use.
The stark contrast between rural and suburban uses cannot be overstated.
How can you transition to 99% low density?
There is nothing fair is deciding to put an urban subdivision here.
The county has a SURPLUS of homes in the 150-200K range as referenced in the comp plan.
There is NO community need- this price range is pursued by developers because it is of max. profit to them- not to the community.
There are as of yesterday- 170 residential properties on the market in the county. Of these 39 are in L-bg, 60 in South Dearborn, and 70 in Sunman Dearborn.
The Plan Commission member in May said this was out of character with the current conditions. Judicial review would show that this is in violation of this regulation- we believe.
The most desirable use would be with the existing community. To conserve property values you cannot go with the worst-case scenario- even PC agreed.
How can trading on existing owners’ rights be responsible growth?
This should not be based on the developer’s profitability. Be responsible- the 500 supporters are real people.
Kent has minimal risk- tell him no- he will come back again with a better plan- both beneficial and compatible with the community. We do not want the land to lay fallow- but to be beneficial- 50-80 homes would be our plan.
Jerry Watts – What is the growth potential for this? We lost the 2nd largest employer- Seagrams…
TOM KENT- responded to issues. This will be moderate density, SD schools wants students- per Tom Book. I didn’t show property lines because it is not required.
Kent put up tax maps showing tax lots. He said the comp plan promotes safe and affordable housing. He wants 3 products in this development in ranges from $150 -$230K.
Development should occur where infrastructure is- and this is 2400 ft from a sewer. [NOTE: That sewer line is not big enough to serve this- they will have to lay another one and go much further back into Lawrenceburg to the larger main.]
We are on 2 state highways.
Wish we had a land use map telling us where to develop. There was some consensus at fall master plan land use workshop that this are should be R. I live out here not every house here is a $400,000 house.
500 petitioners vs. 48,000 county residents as represented by the comp plan.
FOX asked Kent to go on the record:
No condos?- Kent agreed – none.
1-3 acres?- Kent said yes- but he will cluster.
Buffers?- Kent plans on it.
Lowest price home?- Kent- $150,000.
Chet Wolgamot: rebutted as he said he was accused of lying. Kent can exaggerate as in saying he has 48,000 people and somehow none of them are here. Kent feels the plan will pass on merit alone. He’s using the Herman Goering approach- if you lie long enough people will believe.
Is a buffer one tree or 20 ft?
When PC requested moderate diversity- he did not meet the bare minimum. He plays you people and this gets old.
Wolgamot was stopped at this point to address the board.
He went on: We have to defend ourselves. He put up the density slide again- this is the key to the whole thing.
Chris Mueller- reminded the board that the price of the home is not always the issue. The same as the size is not. Small homes can have good quality- but most people have a picture of a $150,000 home in mind. Also asked if the price included the lot. This was not answered.
At 8:50 PM the Public comment was closed, though Benning had tried to close it earlier.
There was a legal opinion from McGill on 36-7-4-6.15 that questioned the ability of the COMMISSIONERS to obtain written commitments for a zone change.
Benning was in a hurry to make a motion for a favorable approval and READ but did NOT state how the 5 criteria were met for a zone change.
THERE WAS NO 2nd to that motion.
Motion failed.
There was no other motion- Fox nodded no when asked if he had another one.
[NOTE: Tonight I was reminded of a discussion I had with Rick Fox just hours before he was elected two years ago. He talked about his philosophy of development. Tonight it seemed that he was staying true to his previously stated, personally held, ideals.]
If there is no further action by the end of 90 days from May 31st this zone change will be denied.
[NOTE: After the meeting I questioned Ewbank, the attorney, as to what a failed motion meant. He said it is still alive for 90 days from May 31st. They could act on it, though he didn’t think they would. I asked if they would announce it- he said he’d hoped they would and that it had to be part of the official agenda to be considered. Official agendas are often not available till the day of or day before the meeting though.]
Claims and minutes were approved.
Messmore:
Contract as before with DCEDI for professional services for economic development was signed.
There was no report from Lobbyist John Frick & Associates.
Sonya Henry was appointed to SIEOC board to fill a vacancy.
Benning brought up the groundbreaking ceremony at the library expansion on Tues at 4PM per Sally Stenger. Wondered what they would do with their parking lot now. (County leases this to handle overflow parking) Ewbank thought lease might be a 30 day termination type though he hasn’t seen one yet. Messmore to investigate.
[NOTE: County will be in trouble without that lot- there are times when there is no parking available on Mary or High Street even now. County courthouse may need to build a parking area or utilize the I&M lot.
Ewbank noted in addition to survey work on county farm they are locating the pauper graves and marking the area. He also noted same suits as last meeting still in process.
Meeting adjourned around 9:30 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Hughes, Chairman, Fox, and Benning
Also present: Pickens, Auditor, Messmore, Administrator, and Ewbank, Attorney
A uniformed county police officer was present.
Register Publications also covered the meeting.
The meeting room was full- approximately 60 people present.
[NOTE: Both candidates for D-3 County Commissioner were present, cordial, and seated next to each other: Ralph Thompson-Republican and the new candidate put up by the Democrat Caucus last week – Frank Linkmeyer.]
1. Chris McHenry for Dearborn County Historical Society – requested consideration for $10,ooo in the 2007 budget, as usual.
2. County Farm- Mike Heffelmire- was told to get a survey to mark off the shooting range for the Boy Scouts on the farm so as to keep other park uses away from that area. Lease was OK’d for Scouts and 4H with that provision. Heffelmire also told commissioners that the Boy Scouts had a $10,000 grant from the Dearborn Foundation. They used all but $157 and RETURNED THAT TO THE FOUNDATION. Stated this to show this was the only time the foundation had money back and attested to their honesty.
Later at 7PM Steve Doll- Forester- opened 3 bids for county timber on 278 trees (93 of them white ash as they are trying to harvest ahead of the white ash bore.) Ray Benham was $21,000, E&H Logging for $24,000, and John Cooley (couldn’t hear and spelling?) $18,500. Tabled for 1 month to look over, as the income seemed low to the commissioners.
3. SEIMAC (Media Arts Council with Leroy McCluskey and Dave Abner)- requested $7500 in startup money and equipment money to be funneled through HHH (Historic Hoosier Hills) as their status as a non-profit apparently works better that way. Lengthy presentation on audio and visual options they will try to put out for county residents to use. OK’s to go to Council for 2007 budget consideration or one time grant.
[NOTE: This may be hard for Council to justify, as we are short on funds for basics like roads and sewers, etc.]
4. Weights and Measures- Jeff Smith- gave annual report and 2007 budget. Requesting a truck AGAIN. His own has 230,000 miles on it. Mentioned he may be able to go full time. Questions on who insures him and his truck. Seems that the county currently treats him as an outside contractor.
5. Transportation and Engineering- Todd Listerman-
Freightliner approved for 2 chassis for $113,252
Kaffenberger only bidder- approved for dump beds, spreader boxes, and plows for $60,370 for two.
6. PUBLIC HEARING FOR SUN VALLEY ACRES ZONE CHANGE opened at 7:15 PM
Mark McCormack- Planning Director- gave the overview of the county Plan Commission meeting and the 4 motions that failed. He also explained the options open to the commissioners to approve, deny, or let sit for 90 days at which point it would be effectively denied if they didn’t act. The decision was certified on May 31, 2006- so the 90 days starts from that point in time.
He noted there was no concept development plan submitted with the final presentation in May and that Kent stated he would make it moderate density at about 1.07 lots per acre average. [NOTE: This is actually on the borderline of being high density at less than an acre per lot]
The plan went from 265 to 180 units. They want to cluster.
The commissioners have to consider the worst-case scenario of highest density if they rezone without a concept development plan.
Sewers will be provided by a partnership of DCRSD, SDRSD, and Lawrenceburg. A R turn lane is recommended.
The 5 criteria for a zone change were posted at the end of the PowerPoint.
Residents speaking in opposition: (At this meeting there were none speaking publicly to support the proposal except for Tom Kent, the developer)
Dennis Sparks- Concerned with education at South Dearborn and especially the potential doubling of enrollment at Manchester Elementary. The 500 petitioners represent practically everyone on 48 up to Negangard’s Corner. Read the Comp Plan and doesn’t think that they fit with #2. These are not MODERATE density- many homes are on large acres- like 8 acres. Section 520 of the code states you have to view this as worst-case scenario – condos even. You should not do this without a VISUAL plan- this will affect our property values. Sent an email to the 3 commissioners and apologized for his tone- but THIS IS MY HOME! The infrastructure is not there YET.
Irwin Diehl- reminded them that there is not a formal commitment from Kent on the actual density. By removing the detailed site map in May- Kent removed the commitment. We will have a serene rural residential area succumbing to high density. He is using the highest end of moderate density across the board. Kent is the front person for the PERFECT PLAN– and if this goes through and they want to make more profit- they will take it over from him.
People’s single biggest investment is their home. They borrow against it to finance college and other things for their family. There is a real and a subjective value to this “nest egg” that we call home. When you choose rural living that is the quality of life you desire.
Sheriff Lusby campaigned saying that increased density leads to increased crime and increased traffic and accidents.
When you put rats in a cage and it becomes crowded they either become depressed and withdrawn or get aggressive. There are 22 adjoiners who oppose this and 4-5 who want it. There are 387 acres opposed and 174 acres who want it.
Please consider and apply the criteria in the zoning code and comp plan to deny this. We are generally not anti development- we support reasonable- low-density plans that would not burden the community.
Johnny Schott- Has loved DC for 50 years and moved home and two businesses here. I set out to buy an EXISTING home so as not to contribute to urbanization here. People do NOT come here for density- they have that in Ohio. Money is not the only value we have- peace, quiet, and tranquility are also valued. Dearborn County desperately needs to correct the oversight and create levels of residential zoning. Deny this until we get that commitment or those levels in place.
Eric Watkins- moved here a year ago- to be a long term resident. Treat this as worst-case scenario. His relocation company even noted that they couldn’t approve his home unless it was among similar homes because of the value issues. This does not meet the burden of proof needed for the zone change.
Brian Groh – Noted again the large number of residents opposed. (the room was full)Citizens took time to come and have their voices heard and to obtain 500 petitions. They are angry because this is grossly out of character. There are issues with SR48 and US 50 traffic that are not resolved yet. Many people do not agree that you should be able to do anything you want with your property. Try to find a reasonable solution for both sides. MANY PEOPLE FEEL THAT THE MAJORITY OF YOU ARE SO PRO-DEVELOPMENT THAT YOU WILL ALLOW THIS ANYWAY. In their eyes the only way to fix this is to vote you out. Those of us here hope you can fix this and we can say you did it right.
Chet Wolgamot – gave a clear depiction using the county plat map books of the 6 square miles surrounding the development. He showed no ¼ or ½ acre lots. He showed a small amount of 1-3 acre lots. He showed how some small lots were combined to one owner to make a large lot site. Using county records at the assessor’s office he showed that virtually all the 6 square miles is greater than 3-acre home sites.
“We are all agonizingly familiar with section 540 of the code.” He went on to address each criterion for a zone change in that section.
This is the worst cost to benefit rate of any land use.
The stark contrast between rural and suburban uses cannot be overstated.
How can you transition to 99% low density?
There is nothing fair is deciding to put an urban subdivision here.
The county has a SURPLUS of homes in the 150-200K range as referenced in the comp plan.
There is NO community need- this price range is pursued by developers because it is of max. profit to them- not to the community.
There are as of yesterday- 170 residential properties on the market in the county. Of these 39 are in L-bg, 60 in South Dearborn, and 70 in Sunman Dearborn.
The Plan Commission member in May said this was out of character with the current conditions. Judicial review would show that this is in violation of this regulation- we believe.
The most desirable use would be with the existing community. To conserve property values you cannot go with the worst-case scenario- even PC agreed.
How can trading on existing owners’ rights be responsible growth?
This should not be based on the developer’s profitability. Be responsible- the 500 supporters are real people.
Kent has minimal risk- tell him no- he will come back again with a better plan- both beneficial and compatible with the community. We do not want the land to lay fallow- but to be beneficial- 50-80 homes would be our plan.
Jerry Watts – What is the growth potential for this? We lost the 2nd largest employer- Seagrams…
TOM KENT- responded to issues. This will be moderate density, SD schools wants students- per Tom Book. I didn’t show property lines because it is not required.
Kent put up tax maps showing tax lots. He said the comp plan promotes safe and affordable housing. He wants 3 products in this development in ranges from $150 -$230K.
Development should occur where infrastructure is- and this is 2400 ft from a sewer. [NOTE: That sewer line is not big enough to serve this- they will have to lay another one and go much further back into Lawrenceburg to the larger main.]
We are on 2 state highways.
Wish we had a land use map telling us where to develop. There was some consensus at fall master plan land use workshop that this are should be R. I live out here not every house here is a $400,000 house.
500 petitioners vs. 48,000 county residents as represented by the comp plan.
FOX asked Kent to go on the record:
No condos?- Kent agreed – none.
1-3 acres?- Kent said yes- but he will cluster.
Buffers?- Kent plans on it.
Lowest price home?- Kent- $150,000.
Chet Wolgamot: rebutted as he said he was accused of lying. Kent can exaggerate as in saying he has 48,000 people and somehow none of them are here. Kent feels the plan will pass on merit alone. He’s using the Herman Goering approach- if you lie long enough people will believe.
Is a buffer one tree or 20 ft?
When PC requested moderate diversity- he did not meet the bare minimum. He plays you people and this gets old.
Wolgamot was stopped at this point to address the board.
He went on: We have to defend ourselves. He put up the density slide again- this is the key to the whole thing.
Chris Mueller- reminded the board that the price of the home is not always the issue. The same as the size is not. Small homes can have good quality- but most people have a picture of a $150,000 home in mind. Also asked if the price included the lot. This was not answered.
At 8:50 PM the Public comment was closed, though Benning had tried to close it earlier.
There was a legal opinion from McGill on 36-7-4-6.15 that questioned the ability of the COMMISSIONERS to obtain written commitments for a zone change.
Benning was in a hurry to make a motion for a favorable approval and READ but did NOT state how the 5 criteria were met for a zone change.
THERE WAS NO 2nd to that motion.
Motion failed.
There was no other motion- Fox nodded no when asked if he had another one.
[NOTE: Tonight I was reminded of a discussion I had with Rick Fox just hours before he was elected two years ago. He talked about his philosophy of development. Tonight it seemed that he was staying true to his previously stated, personally held, ideals.]
If there is no further action by the end of 90 days from May 31st this zone change will be denied.
[NOTE: After the meeting I questioned Ewbank, the attorney, as to what a failed motion meant. He said it is still alive for 90 days from May 31st. They could act on it, though he didn’t think they would. I asked if they would announce it- he said he’d hoped they would and that it had to be part of the official agenda to be considered. Official agendas are often not available till the day of or day before the meeting though.]
Claims and minutes were approved.
Messmore:
Contract as before with DCEDI for professional services for economic development was signed.
There was no report from Lobbyist John Frick & Associates.
Sonya Henry was appointed to SIEOC board to fill a vacancy.
Benning brought up the groundbreaking ceremony at the library expansion on Tues at 4PM per Sally Stenger. Wondered what they would do with their parking lot now. (County leases this to handle overflow parking) Ewbank thought lease might be a 30 day termination type though he hasn’t seen one yet. Messmore to investigate.
[NOTE: County will be in trouble without that lot- there are times when there is no parking available on Mary or High Street even now. County courthouse may need to build a parking area or utilize the I&M lot.
Ewbank noted in addition to survey work on county farm they are locating the pauper graves and marking the area. He also noted same suits as last meeting still in process.
Meeting adjourned around 9:30 PM
Christine Brauer Mueller
Lawrenceburg Township
Monday, June 19, 2006
DEARBORN COUNTY REGIONAL SEWER DISTRICT, JUNE 15, 2006
DEARBORN COUNTY REGIONAL SEWER DISTRICT, JUNE 15, 2006
BY: KATHY SCOTT
MEMBERS PRESENT:
PAT HOLLAND, DAVE ENZWEILLER, MIKE HANKINS, JOHN MAXWELL (LATE), BARRY PRUSS, RODNEY DENNERLINE, BRET FEHRMAN (ABSENT)
ALSO PRESENT: L.EHNER ATTY, DOUG BAER, TOM QUINN
MINUTES APPROVED FOR MAY 4TH AND MAY 18TH
TREASURER’S REPORT APPROVED, (COULD NOT HEAR MOST OF IT).
CHUCK ANDRES:
ADDRESSED THE BOARD WITH INFORMATION CONCERNING JOINING A PILOT PROGRAM WITH THE STATE, TO EVALUATE PRIVATE SEPTIC SYSTEMS AND ANY OTHER TYPE OF
SYSTEM, NOT ON A, MAJOR SEWER SYSTEM. HE BROUGHT UP THE PROBLEMS WITH ALLEN COUNTY AND FORT WAYNE. ALL DUE TO
THE LEGISLATIVE ACT OF 2004.
ANDRES STATED THE GUIDELINES BEING SET UP BY INDIANA BOARD OF HEALTH AND IDEM. DEARBORN COUNTY WOULD USE THE ALLEN COUNTY GUIDELINES, PAYING ATTENTION TO 9 SPECIFIC ITEMS. (I THINK THESE CAN BE FOUND ON IDEM’S WEB SITE).
ANDRES ASKING IF THE BOARD WOULD WANT TO BE A PILOT SEWER
DISTRICT. THERE APPARENTLY IS A FEE TO THE BOARD OR COUNTY.
ALSO THERE WOULD BE A FEE TO THE INDIVIDUAL HAVING THEIR SYSTEM INSPECTED.
LOOKING TO UNINCORPORATED AREAS ONLY.
QUESTION: HOW DO YOU GET PERMISSION TO GO ONTO SOMEONE ELSE’S PROPERTY, TO INSPECT THEIR WASTE SYSTEM? COULD NOT
ANSWER THIS.
STATE DEPT. OF HEALTH TO HAVE GUIDELINES WORKED OUT IN 2 – 3
MONTHS.
_____________________
PETER ELLIS: UPDATE ON CHATEAU POMIJE
DOUG BAER WANTED TO KNOW IF THE WINERY WOULD HAVE A SYSTEM ON SITE VS A FORCE MAIN.
ELLIS: “ST. LEON NOT ON BOARD YET. ST. LEON WANTS TO WORK OUT AN AGREEMENT”.
DOUG BAER, WANTS POMIJE TO SET ASIDE MONEY IN ESCROW
ELLIS: “LOOKING FOR POSSIBLE BOND MONIES, RESUBMITTING PLANS FOR ONSITE SYSTEM”.
BAER: “END OF MONTH IS RUN OUT TIME FOR WINERY. ESCROW ACCOUNT MAY DO IT”
ELLIS, WILL WORK WITH BAER
ESCROW ACCOUNT WITH AGREEMENT (MONIES FOR WASTE SYSTEM ONLY) WOULD BE ACCEPTABLE UNTIL FURTHER DECISION ON “IN LINE SEWER OR ON SITE SYSTEM”.
TUCKER: SUBDIVISION DEVELOPMENT, NORTH DEARBORN RD.
ST. LEON, WILLING TO SERVICE PROJECT.
SEWER LINE ON N. DEARBORN AND SHULLER
DOUG FARROW SAID, READY, WILLING AND ABLE TO TRANSPORT SEWAGE.
TUCKER WILL DO WHATEVER ST. LEON SAYS.
BOARD MEMBER, “WHY BRING THIS UP HERE” .NOT ANSWERED.
QUESTION ABOUT NEED FOR A NEW LINE. TUCKER WOULD BE SURPRISED IF A NEW LINE WOULD BE REQUIRED.
MAXWELL: A POSSIBLE UPGRADE OF EXISTING LINE
(A LOT OF TALKING GOING ON, NOT ABLE TO HERE)
BOARD: PASSED WITH A VOTE, BOARD TO SEND CORRESPONDENCE TO ST. LEON, THAT TUCKER WAS APPROVED.
(WHAT HAS THIS GOT TO DO WITH THIS BOARD?)
BETH O’LEARY: SEWER EXTENSION, SERENITY RIDGE
SUMMARIZED: O’LEARY TO FIND OUT HOW MANY VACANT LOT OWNERS WOULD WANT TO HOOK ONTO SEWER SYSTEM. DCRSD /ENGINEER TO DRAW UP NUMBERS FOR COST. OTHER OWNERS MAY BE COMPELLED TO HOOK ON, (THIS WAS SOMEONE’S QUESTION).
HANKINS: “ NO PRACTICE OF THIS BOARD TO FORCE HOOKUPS”
ANOTHER BOARD MEMBER ( I DO NOT REMEMBER WHO ) STATED:
“IN THE MINUTES – POLICY – EVERYONE TO HOOK ON”
MARK MCCORMICK, PLANNING OFFICE.
WOULD LIKE TO PARTNER WITH DCRSD (PER MEMORANDUM SENT TO DCRSD BOARD) TO CLARIFY CAPACITY ISSUES OF SEWER SYSTEMS. THE LETTERS REQUIRED BY THE PLANNING COMMISSION OF SEWER COMPANIES ARE VERY VAGUE. THERE IS A LOT OF FOLLOWUP NEEDED WITH PRIMARY PLATT ISSUES WHEN IT COMES TO APPROVAL OR DISAPPROVAL. THIS IS NEEDED BECAUSE OF THE LG. NUMBER OF PLATT ISSUES IN THE FALL.
BOARD WILL REVIEW MEMORANDUM.
CONSTRUCTION BID MEETING AND OUTCOME – TOM QUINN
STEWART RD. AND COLE LE.,
IN AGREEMENT; 1.HOMEOWNER, WOULD HAVE ELECTRICIAN TO RUN ELECTRIC TO 30AMP BREAKER ON OUTSIDE OF HOUSE. 2. 80 PVC PIPE ACCEPTED 3. TRENCHING TOOL ACCEPTED, 6 INCH WIDE TRENCH
SINCE SOME OF THE SPEC’S CHANGED, LEHNER STATED “ JOB WOULD HAVE TO BE REBID “. BOARD AGREED TO PUT OUT FOR REBID, WOULD ALSO NEED TO ADVERTISE IT AGAIN.
QUESTION RAISED, WOULD, HOME OWNER HAVE OPTION TO MAINTAIN OR WOULD SEWER CO. MAINTAIN?
ALL EASEMENTS ATTAINED, NO ROAD CUTS NEEDED
(DO ANY OF THE BOARD MEMBERS OWN PROPERTY ON COLE LE.?)
AURORA AGREEMENT – BRETT FEHRMAN (ABSENT)
BOARD DISCUSSION:
LEHNER STATED SHE MET WITH RICHARD BUTLER, AND BUTLER VOLUNTEERED INFORMATION, RICHARD SUBMITTED PAPERS TO LEHNER.
(WHAT PAPERS? ARE THERE 13 PAGES?)
DENNERLEIN TO LEHNER, “WHO’S PAYING FOR THIS?”
DENNERLEIN, UNHAPPY WITH HVL, DOES NOT WANT HVL TO BUILD SEWER PLANT.
DENNERLEIN ASKED LEHNER IF SHE WAS REPRESENTING ANYONE IN HVL, IF SHE HAS A CONFLICT OF INTEREST.
LEHNER STATED “I DON’T REPRESENT ANYONE IN HVL”.
LEHNER OFFERED HER FEE AS $150.00 PER HOUR.
THEN MUCH DISCUSSION ON AGREEMENT, (VRUC, AURORA, GREENDALE)
LEHNER, STATED SHE MET WITH, PARVIN PRICE ABOUT VALLEY RURAL
POSITION. (13 PAGES AGAIN) AND HE WOULD NOT GIVE AN OPINION.
MULTIPLE FAULTS WITH 13 PAGES.
(IS THE 13 PAGES THE GREENDALE AGREEMENT?)
ALL OF THE LATER DISCUSSION CONCERNED THE GREENDALE AGREEMENT.
SO THE BOARD SET ASIDE THEIR NEXT MEETING FOR THE DISCUSSION ONLY OF THE GREENDALE AGREEMENT.
THERE IS A LOT AFFECTING THIS AGREEMENT:
TERRITORIES, IDEM TERRITORIES
POSSIBILITY OF LAW SUITS
WAIVER OF RIGHT TO REMONSTRATION (REGARDING ANNEXATION)
COMPETING RIGHTS
GREENDALE ADDING CAPACITY
TAP IN FEES, SURCHARGES
COST OF SERVICE STUDIES
WHO PAYS? “ SEWER CUSTOMERS, CO. TAXPAYERS, DEARBORN CO.”
OWNERSHIP OF LINES, LEASE BACK OF LINES
WHO BILLS CUSTOMERS
WHO WILL EXTEND LINES IF NEEDED AND BEAR COST
TRANSPORT OF SEWAGE
THIS IS A VERY IMPORTANT MEETING SINCE IT INVOLVES A LARGE SECTION OF THE COUNTY AND POSSIBLE FUTURE WITH THE BORDERING INCORPORATED AREAS AND NON INCORPORATED AREAS
WITH THEIR OWN SEWER COMPANIES.
NEXT MEETING IN 2 WEEKS, (I BELIEVE THE BOARD MEANT AT THEIR, REGULAR SCHEDULED MEETING, JULY 6TH AT 7PM)
COUNTY COUNCIL MEETING: MIKE HANKINS
WORKING ON PRESENTATION TO COUNTY COUNCIL FOR REQUEST OF 4.2 MILLION DOLLAR, APPROPRIATION
COUNTY COUNCIL MEETS JUNE 21ST AT 5PM, ADMINISTRATION BLDG.
NEW BUSINESS: *VOTED YES TO PAY CLAIMS
*DOUG BAER, REQUESTING EQUIPMENT TO CREATE A
SECURE ENVIRONMENT FOR HIS DEPARTMENT. WILL
BRING COST TO NEXT MEETING
OTHER DISCUSSION:
LEHNER ASKED, WHAT HER PRIORITIES ARE NOW. MANY PHONE CALLS, PEOPLE STOPPING IN WITH QUESTIONS, TUCKER, EWBANKS, WOLPERT, RICHARD BUTLER ETC..
BOARD DISCUSSION:
BOARD CANNOT AFFORD THIS, BOARD DOES NOT HAVE PRIORITIES SET UP.
DECISION: PEOPLE NEED TO BRING TO BOARD FIRST THEN THEY (BOARD) WILL BRING IN LEHNER.
VERA BENNING OFFERED TO BE SECRETARY PER DENNERLINE, NO MOVEMENT ON THIS.
(V.BENNING, WAS PRESENT TAKING NOTES)
A BOARD MEMBER ASKED LEHNER, WHY SHE CONTACTED PARVIN PRICE- VRUC’S ATTORNEY.
LEHNER: I THOUGHT IT WOULD BRING, VRUC TO THE NEGOTIATING TABLE.
LEHNER ASKED WHAT VRUC ‘S POSITION WAS ON GREENDALE AGREEMENT
LEHNER STATED SHE SENT CONTRACT OF GREENDALE AGREEMENT TO PARVIN PRICE.
(OBVIOUS THAT BOARD MEMBER (DENNERLINE) NOT HAPPY.)
DENNERLINE, “VRUC MAY SUE, IF DCRSD ENTERS INTO AGREEMENT WITH GREENDALE.
LEHNER, SAID, “TO KNOW VRUC’S POSITION WILL FORCE GREENDALE’S HAND.”
(MORE CONVERSATION, COULD NOT HEAR)
LEHNER WILL WORK ON GREENDALE ISSUE
ADJORNED 9:40 PM
KATHY SCOTT
LOGAN TOWNSHIP
BY: KATHY SCOTT
MEMBERS PRESENT:
PAT HOLLAND, DAVE ENZWEILLER, MIKE HANKINS, JOHN MAXWELL (LATE), BARRY PRUSS, RODNEY DENNERLINE, BRET FEHRMAN (ABSENT)
ALSO PRESENT: L.EHNER ATTY, DOUG BAER, TOM QUINN
MINUTES APPROVED FOR MAY 4TH AND MAY 18TH
TREASURER’S REPORT APPROVED, (COULD NOT HEAR MOST OF IT).
CHUCK ANDRES:
ADDRESSED THE BOARD WITH INFORMATION CONCERNING JOINING A PILOT PROGRAM WITH THE STATE, TO EVALUATE PRIVATE SEPTIC SYSTEMS AND ANY OTHER TYPE OF
SYSTEM, NOT ON A, MAJOR SEWER SYSTEM. HE BROUGHT UP THE PROBLEMS WITH ALLEN COUNTY AND FORT WAYNE. ALL DUE TO
THE LEGISLATIVE ACT OF 2004.
ANDRES STATED THE GUIDELINES BEING SET UP BY INDIANA BOARD OF HEALTH AND IDEM. DEARBORN COUNTY WOULD USE THE ALLEN COUNTY GUIDELINES, PAYING ATTENTION TO 9 SPECIFIC ITEMS. (I THINK THESE CAN BE FOUND ON IDEM’S WEB SITE).
ANDRES ASKING IF THE BOARD WOULD WANT TO BE A PILOT SEWER
DISTRICT. THERE APPARENTLY IS A FEE TO THE BOARD OR COUNTY.
ALSO THERE WOULD BE A FEE TO THE INDIVIDUAL HAVING THEIR SYSTEM INSPECTED.
LOOKING TO UNINCORPORATED AREAS ONLY.
QUESTION: HOW DO YOU GET PERMISSION TO GO ONTO SOMEONE ELSE’S PROPERTY, TO INSPECT THEIR WASTE SYSTEM? COULD NOT
ANSWER THIS.
STATE DEPT. OF HEALTH TO HAVE GUIDELINES WORKED OUT IN 2 – 3
MONTHS.
_____________________
PETER ELLIS: UPDATE ON CHATEAU POMIJE
DOUG BAER WANTED TO KNOW IF THE WINERY WOULD HAVE A SYSTEM ON SITE VS A FORCE MAIN.
ELLIS: “ST. LEON NOT ON BOARD YET. ST. LEON WANTS TO WORK OUT AN AGREEMENT”.
DOUG BAER, WANTS POMIJE TO SET ASIDE MONEY IN ESCROW
ELLIS: “LOOKING FOR POSSIBLE BOND MONIES, RESUBMITTING PLANS FOR ONSITE SYSTEM”.
BAER: “END OF MONTH IS RUN OUT TIME FOR WINERY. ESCROW ACCOUNT MAY DO IT”
ELLIS, WILL WORK WITH BAER
ESCROW ACCOUNT WITH AGREEMENT (MONIES FOR WASTE SYSTEM ONLY) WOULD BE ACCEPTABLE UNTIL FURTHER DECISION ON “IN LINE SEWER OR ON SITE SYSTEM”.
TUCKER: SUBDIVISION DEVELOPMENT, NORTH DEARBORN RD.
ST. LEON, WILLING TO SERVICE PROJECT.
SEWER LINE ON N. DEARBORN AND SHULLER
DOUG FARROW SAID, READY, WILLING AND ABLE TO TRANSPORT SEWAGE.
TUCKER WILL DO WHATEVER ST. LEON SAYS.
BOARD MEMBER, “WHY BRING THIS UP HERE” .NOT ANSWERED.
QUESTION ABOUT NEED FOR A NEW LINE. TUCKER WOULD BE SURPRISED IF A NEW LINE WOULD BE REQUIRED.
MAXWELL: A POSSIBLE UPGRADE OF EXISTING LINE
(A LOT OF TALKING GOING ON, NOT ABLE TO HERE)
BOARD: PASSED WITH A VOTE, BOARD TO SEND CORRESPONDENCE TO ST. LEON, THAT TUCKER WAS APPROVED.
(WHAT HAS THIS GOT TO DO WITH THIS BOARD?)
BETH O’LEARY: SEWER EXTENSION, SERENITY RIDGE
SUMMARIZED: O’LEARY TO FIND OUT HOW MANY VACANT LOT OWNERS WOULD WANT TO HOOK ONTO SEWER SYSTEM. DCRSD /ENGINEER TO DRAW UP NUMBERS FOR COST. OTHER OWNERS MAY BE COMPELLED TO HOOK ON, (THIS WAS SOMEONE’S QUESTION).
HANKINS: “ NO PRACTICE OF THIS BOARD TO FORCE HOOKUPS”
ANOTHER BOARD MEMBER ( I DO NOT REMEMBER WHO ) STATED:
“IN THE MINUTES – POLICY – EVERYONE TO HOOK ON”
MARK MCCORMICK, PLANNING OFFICE.
WOULD LIKE TO PARTNER WITH DCRSD (PER MEMORANDUM SENT TO DCRSD BOARD) TO CLARIFY CAPACITY ISSUES OF SEWER SYSTEMS. THE LETTERS REQUIRED BY THE PLANNING COMMISSION OF SEWER COMPANIES ARE VERY VAGUE. THERE IS A LOT OF FOLLOWUP NEEDED WITH PRIMARY PLATT ISSUES WHEN IT COMES TO APPROVAL OR DISAPPROVAL. THIS IS NEEDED BECAUSE OF THE LG. NUMBER OF PLATT ISSUES IN THE FALL.
BOARD WILL REVIEW MEMORANDUM.
CONSTRUCTION BID MEETING AND OUTCOME – TOM QUINN
STEWART RD. AND COLE LE.,
IN AGREEMENT; 1.HOMEOWNER, WOULD HAVE ELECTRICIAN TO RUN ELECTRIC TO 30AMP BREAKER ON OUTSIDE OF HOUSE. 2. 80 PVC PIPE ACCEPTED 3. TRENCHING TOOL ACCEPTED, 6 INCH WIDE TRENCH
SINCE SOME OF THE SPEC’S CHANGED, LEHNER STATED “ JOB WOULD HAVE TO BE REBID “. BOARD AGREED TO PUT OUT FOR REBID, WOULD ALSO NEED TO ADVERTISE IT AGAIN.
QUESTION RAISED, WOULD, HOME OWNER HAVE OPTION TO MAINTAIN OR WOULD SEWER CO. MAINTAIN?
ALL EASEMENTS ATTAINED, NO ROAD CUTS NEEDED
(DO ANY OF THE BOARD MEMBERS OWN PROPERTY ON COLE LE.?)
AURORA AGREEMENT – BRETT FEHRMAN (ABSENT)
BOARD DISCUSSION:
LEHNER STATED SHE MET WITH RICHARD BUTLER, AND BUTLER VOLUNTEERED INFORMATION, RICHARD SUBMITTED PAPERS TO LEHNER.
(WHAT PAPERS? ARE THERE 13 PAGES?)
DENNERLEIN TO LEHNER, “WHO’S PAYING FOR THIS?”
DENNERLEIN, UNHAPPY WITH HVL, DOES NOT WANT HVL TO BUILD SEWER PLANT.
DENNERLEIN ASKED LEHNER IF SHE WAS REPRESENTING ANYONE IN HVL, IF SHE HAS A CONFLICT OF INTEREST.
LEHNER STATED “I DON’T REPRESENT ANYONE IN HVL”.
LEHNER OFFERED HER FEE AS $150.00 PER HOUR.
THEN MUCH DISCUSSION ON AGREEMENT, (VRUC, AURORA, GREENDALE)
LEHNER, STATED SHE MET WITH, PARVIN PRICE ABOUT VALLEY RURAL
POSITION. (13 PAGES AGAIN) AND HE WOULD NOT GIVE AN OPINION.
MULTIPLE FAULTS WITH 13 PAGES.
(IS THE 13 PAGES THE GREENDALE AGREEMENT?)
ALL OF THE LATER DISCUSSION CONCERNED THE GREENDALE AGREEMENT.
SO THE BOARD SET ASIDE THEIR NEXT MEETING FOR THE DISCUSSION ONLY OF THE GREENDALE AGREEMENT.
THERE IS A LOT AFFECTING THIS AGREEMENT:
TERRITORIES, IDEM TERRITORIES
POSSIBILITY OF LAW SUITS
WAIVER OF RIGHT TO REMONSTRATION (REGARDING ANNEXATION)
COMPETING RIGHTS
GREENDALE ADDING CAPACITY
TAP IN FEES, SURCHARGES
COST OF SERVICE STUDIES
WHO PAYS? “ SEWER CUSTOMERS, CO. TAXPAYERS, DEARBORN CO.”
OWNERSHIP OF LINES, LEASE BACK OF LINES
WHO BILLS CUSTOMERS
WHO WILL EXTEND LINES IF NEEDED AND BEAR COST
TRANSPORT OF SEWAGE
THIS IS A VERY IMPORTANT MEETING SINCE IT INVOLVES A LARGE SECTION OF THE COUNTY AND POSSIBLE FUTURE WITH THE BORDERING INCORPORATED AREAS AND NON INCORPORATED AREAS
WITH THEIR OWN SEWER COMPANIES.
NEXT MEETING IN 2 WEEKS, (I BELIEVE THE BOARD MEANT AT THEIR, REGULAR SCHEDULED MEETING, JULY 6TH AT 7PM)
COUNTY COUNCIL MEETING: MIKE HANKINS
WORKING ON PRESENTATION TO COUNTY COUNCIL FOR REQUEST OF 4.2 MILLION DOLLAR, APPROPRIATION
COUNTY COUNCIL MEETS JUNE 21ST AT 5PM, ADMINISTRATION BLDG.
NEW BUSINESS: *VOTED YES TO PAY CLAIMS
*DOUG BAER, REQUESTING EQUIPMENT TO CREATE A
SECURE ENVIRONMENT FOR HIS DEPARTMENT. WILL
BRING COST TO NEXT MEETING
OTHER DISCUSSION:
LEHNER ASKED, WHAT HER PRIORITIES ARE NOW. MANY PHONE CALLS, PEOPLE STOPPING IN WITH QUESTIONS, TUCKER, EWBANKS, WOLPERT, RICHARD BUTLER ETC..
BOARD DISCUSSION:
BOARD CANNOT AFFORD THIS, BOARD DOES NOT HAVE PRIORITIES SET UP.
DECISION: PEOPLE NEED TO BRING TO BOARD FIRST THEN THEY (BOARD) WILL BRING IN LEHNER.
VERA BENNING OFFERED TO BE SECRETARY PER DENNERLINE, NO MOVEMENT ON THIS.
(V.BENNING, WAS PRESENT TAKING NOTES)
A BOARD MEMBER ASKED LEHNER, WHY SHE CONTACTED PARVIN PRICE- VRUC’S ATTORNEY.
LEHNER: I THOUGHT IT WOULD BRING, VRUC TO THE NEGOTIATING TABLE.
LEHNER ASKED WHAT VRUC ‘S POSITION WAS ON GREENDALE AGREEMENT
LEHNER STATED SHE SENT CONTRACT OF GREENDALE AGREEMENT TO PARVIN PRICE.
(OBVIOUS THAT BOARD MEMBER (DENNERLINE) NOT HAPPY.)
DENNERLINE, “VRUC MAY SUE, IF DCRSD ENTERS INTO AGREEMENT WITH GREENDALE.
LEHNER, SAID, “TO KNOW VRUC’S POSITION WILL FORCE GREENDALE’S HAND.”
(MORE CONVERSATION, COULD NOT HEAR)
LEHNER WILL WORK ON GREENDALE ISSUE
ADJORNED 9:40 PM
KATHY SCOTT
LOGAN TOWNSHIP
Wednesday, June 14, 2006
ATTORNEYS TAKE ISSUE WITH BZA PROCEDURES ON TWO ITEMS
13 June 2006 Dearborn County BZA Meeting Notes
ATTORNEYS TAKE ISSUE WITH BZA PROCEDURES ON TWO ITEMS
Present: Jim Deaton, Chairman, Mike Hall, and Jane Ohlmansiek
Also Present: Mark McCormack, Planning Director, and Arnie McGill, Att’y
Absent: Jake Hoog and Pat Baker
In approving the minutes from the March and May meetings the attorneys for the cell tower asked to have them further revised and possibly reopen the case. The attorney for the opponents (Lehner) objected, complaining that this was not on the agenda [NOTE: Not being on the agenda doesn’t seem to be an issue with Lehner at other times with other boards] and the appeal period had passed. [NOTE:There seemed to be some issue with filing appeals when minutes were unavailable.] Following arguments on both sides the board, with the BZA attorney’s advice, approved the minutes and informed the cell tower attorney and clients that they could appeal the decision or reapply.
New Business:
1. The dimensional variance for 150 ft of road frontage for owner Anthony Hon on 20 acres of Ag land in Kelso Township on Werner Lane off Bittner Road was approved. Neighbors were generally OK with the idea as long as the easement did not take any of their land. The approval hinged on providing a 50 ft easement all the way back and a maintenance agreement being drawn up for Werner Lane with all the users of the lane.
Ohlmansiek motioned, Hall 2nd. Passed.
2. Tom Blondell of Woods Lamping and Lehner withdrew the application for Tim Kramer and owners for a conditional use of a private recreational facility for Jacobs Conservation Group, LLC on Jacobs Road in Kelso Township.
Deaton noted they couldn’t consider the application if a violation existed and Mark Mitter, Becky Mitter, Jackie Kraus, Chris McCann, and myself all gave testimony that the group is in violation and has been for a number of months.
Blondell objected to the public being able to give information to the BZA without notice. Deaton explained that the BZA routinely receives complaints like that and they then investigate. No decision is rendered without notice to the property owners. The rest of this discussion was actually covered under Administrative at the end of the meeting:
Jacobs Conservation application noted they have 10 members- but the pictures from the site show at least 20 ATVs at times. Large parties, 4 campers, bonfires close to a neighboring home, noise, dust, late night ATV activities, trespass and property damage, and generally an inability to peacefully co-exist with the adjoining neighbors seem to be the issues.
Blondell at one point got up and turned off the Planning Dept. computer screen. (Mitter had returned to the slide that focused on the definition of recreational use in answer to Blondell’s question regarding that definition.) The Planning Director had to turn it back on and informed him that it belonged to the county. There appeared to be an interchange going on between them as the meeting proceeded.
Blondell tried to make a case for pre-existing grandfathered use and Kramer stated there were only two large parties- graduation and Memorial Day. This was refuted as pictures of the 20 ATVs were circulated to news people several weeks prior to grad and Memorial Day times.
Blondell questioned the road quality opinions. Mitter reminded the board that he was a county councilman, who reviews road budgets and plans, served on the comp plan, and also was chairman of the Plan Commission. He said he was qualified to address road matters in the county.
Blondell and Kramer noted they have 60 petitions supporting their activities. Mitter countered with the statement that having 60 petitions is like getting a DUI and having your buddies stand before the judge saying you’re a good guy. It’s not relevant.
The board asked McCormack to investigate further- as they are already about 2 months into enforcement proceedings.
Mitter wanted action to be taken more quickly. It was noted that to cure the violation is simple- nothing needs to be unbuilt – they just have to stop the activity.
McCormack and the enforcement officer will proceed with enforcement, per the BZA’s request.
3. Archie Crouch of The Survey Co- representing The Dearborn Realty Company (The Country Club) received approval for a conditional use for 6 duplexes (cabins for weekly rental to members and their families) on 114 acres of Ag land in Lawrenceburg Township. The adjoining property owners were OK with this as long as it is for weekly rentals and no expansions unless they come back to the BZA. Hall motioned and Ohlmansiek 2nd. Approved.
ADMINISTRATIVE:
The Jacobs Conservation, LLC enforcement issues - See notes above under #2.
The new county enforcement officer is also a planner- she starts Monday. Mark McCormack gave her high marks for organization and experience as well. Her name is Catherine Rademacher.
McCormack also updated the board on the US 50 studies and preliminary work on the 2007 budget.
Meeting adjourned at 10 PM.
[NOTE: BZA meetings are usually a matter of thoughtfully hearing opposing viewpoints and sifting through citizen’s issues to fairly resolve conflicting land use problems. At tonight’s meeting it was more like a three ring circus at times. Three lawyers were present (in addition to the BZA attorney.) Watching them spar with each other and the board and argue points in a manner more appropriate for a courtroom, reminded me that negotiating and working things out with neighbors is better handled by the “civilians” on the board. Well- placed questions and truthful answers usually point to an equitable solution for the parties involved. At one point I found myself wishing the board could swear people (and their lawyers) in before hearing them.
I had to smile as I listened to a certain lawyer argue for public notice, as this same lawyer has clearly circumvented that process on numerous occasions.
It is apparent that as the county grows and more people LIVE here, we will have to curb rude behavior more often. It is also apparent that certain uses are by their nature a nuisance. Going to someone else’s back yard to recreate with ATVs does not make it less of a problem- it only transfers it from your neighborhood to someone else’s. We need to be more conscious of - and courteous to - our neighbors.]
Christine Brauer Mueller
Lawrenceburg Township
ATTORNEYS TAKE ISSUE WITH BZA PROCEDURES ON TWO ITEMS
Present: Jim Deaton, Chairman, Mike Hall, and Jane Ohlmansiek
Also Present: Mark McCormack, Planning Director, and Arnie McGill, Att’y
Absent: Jake Hoog and Pat Baker
In approving the minutes from the March and May meetings the attorneys for the cell tower asked to have them further revised and possibly reopen the case. The attorney for the opponents (Lehner) objected, complaining that this was not on the agenda [NOTE: Not being on the agenda doesn’t seem to be an issue with Lehner at other times with other boards] and the appeal period had passed. [NOTE:There seemed to be some issue with filing appeals when minutes were unavailable.] Following arguments on both sides the board, with the BZA attorney’s advice, approved the minutes and informed the cell tower attorney and clients that they could appeal the decision or reapply.
New Business:
1. The dimensional variance for 150 ft of road frontage for owner Anthony Hon on 20 acres of Ag land in Kelso Township on Werner Lane off Bittner Road was approved. Neighbors were generally OK with the idea as long as the easement did not take any of their land. The approval hinged on providing a 50 ft easement all the way back and a maintenance agreement being drawn up for Werner Lane with all the users of the lane.
Ohlmansiek motioned, Hall 2nd. Passed.
2. Tom Blondell of Woods Lamping and Lehner withdrew the application for Tim Kramer and owners for a conditional use of a private recreational facility for Jacobs Conservation Group, LLC on Jacobs Road in Kelso Township.
Deaton noted they couldn’t consider the application if a violation existed and Mark Mitter, Becky Mitter, Jackie Kraus, Chris McCann, and myself all gave testimony that the group is in violation and has been for a number of months.
Blondell objected to the public being able to give information to the BZA without notice. Deaton explained that the BZA routinely receives complaints like that and they then investigate. No decision is rendered without notice to the property owners. The rest of this discussion was actually covered under Administrative at the end of the meeting:
Jacobs Conservation application noted they have 10 members- but the pictures from the site show at least 20 ATVs at times. Large parties, 4 campers, bonfires close to a neighboring home, noise, dust, late night ATV activities, trespass and property damage, and generally an inability to peacefully co-exist with the adjoining neighbors seem to be the issues.
Blondell at one point got up and turned off the Planning Dept. computer screen. (Mitter had returned to the slide that focused on the definition of recreational use in answer to Blondell’s question regarding that definition.) The Planning Director had to turn it back on and informed him that it belonged to the county. There appeared to be an interchange going on between them as the meeting proceeded.
Blondell tried to make a case for pre-existing grandfathered use and Kramer stated there were only two large parties- graduation and Memorial Day. This was refuted as pictures of the 20 ATVs were circulated to news people several weeks prior to grad and Memorial Day times.
Blondell questioned the road quality opinions. Mitter reminded the board that he was a county councilman, who reviews road budgets and plans, served on the comp plan, and also was chairman of the Plan Commission. He said he was qualified to address road matters in the county.
Blondell and Kramer noted they have 60 petitions supporting their activities. Mitter countered with the statement that having 60 petitions is like getting a DUI and having your buddies stand before the judge saying you’re a good guy. It’s not relevant.
The board asked McCormack to investigate further- as they are already about 2 months into enforcement proceedings.
Mitter wanted action to be taken more quickly. It was noted that to cure the violation is simple- nothing needs to be unbuilt – they just have to stop the activity.
McCormack and the enforcement officer will proceed with enforcement, per the BZA’s request.
3. Archie Crouch of The Survey Co- representing The Dearborn Realty Company (The Country Club) received approval for a conditional use for 6 duplexes (cabins for weekly rental to members and their families) on 114 acres of Ag land in Lawrenceburg Township. The adjoining property owners were OK with this as long as it is for weekly rentals and no expansions unless they come back to the BZA. Hall motioned and Ohlmansiek 2nd. Approved.
ADMINISTRATIVE:
The Jacobs Conservation, LLC enforcement issues - See notes above under #2.
The new county enforcement officer is also a planner- she starts Monday. Mark McCormack gave her high marks for organization and experience as well. Her name is Catherine Rademacher.
McCormack also updated the board on the US 50 studies and preliminary work on the 2007 budget.
Meeting adjourned at 10 PM.
[NOTE: BZA meetings are usually a matter of thoughtfully hearing opposing viewpoints and sifting through citizen’s issues to fairly resolve conflicting land use problems. At tonight’s meeting it was more like a three ring circus at times. Three lawyers were present (in addition to the BZA attorney.) Watching them spar with each other and the board and argue points in a manner more appropriate for a courtroom, reminded me that negotiating and working things out with neighbors is better handled by the “civilians” on the board. Well- placed questions and truthful answers usually point to an equitable solution for the parties involved. At one point I found myself wishing the board could swear people (and their lawyers) in before hearing them.
I had to smile as I listened to a certain lawyer argue for public notice, as this same lawyer has clearly circumvented that process on numerous occasions.
It is apparent that as the county grows and more people LIVE here, we will have to curb rude behavior more often. It is also apparent that certain uses are by their nature a nuisance. Going to someone else’s back yard to recreate with ATVs does not make it less of a problem- it only transfers it from your neighborhood to someone else’s. We need to be more conscious of - and courteous to - our neighbors.]
Christine Brauer Mueller
Lawrenceburg Township
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