26 January 2010 Dearborn County Council Meeting Notes
Present: Dennis Kraus, Sr., President, Maynard Barrett, Vice President, Liz Morris, Bill Ullrich, Bryan Messmore, Dan Lansing, and Tom Cheek. Cary Pickens, Auditor also was present.
Commissioner Orschell was present.
Kraus was elected as President and Barrett as Vice president.
Board appointments:
Advisory Board for Master Plan- Kraus
Alcohol Board- Ralph Schaefer
Animal Control and EMA- Ullrich
BZA- Rick Pope
CVTB- Morris until Barrett takes it over
Econ Development- Kraus
Juvenile Detention and YES Home- Morris
OKI and SIRPC- Mark McCormack
Plan Commission- Lansing
PTABOA- Tax appeals- Mary Booker and Ken Madden
Redevelopment Commission- Kevin Lynch
Solid Waste and Mental Health- Cheek
DCRSD- Art Wentzel and Jeff Stenger
Liaison to Redevelopment Commission Kraus for Barrett
Community Corrections- Messmore
Additional Appropriations:
1. Judge Humphrey approved to reinstate $10,000 for repairs fund out of Contingency Fund. Per Pickens, there is $357,000 in Contingency and nothing extra in County General now.
2. Judge Blankenship approved for $3500 to honor ongoing computer maintenance contract
3. Carl Fryman needed no approval- Council appropriated the amount for part time from last year for $7470
4. Salary Ordinance was revised to correct a jail corporal salary and the judges supplemental were revised to be in biweekly paychecks.
5. Todd Listerman- Transportation Director- approved salary ordinance for Highway supervisor to be exempt and have no overtime. Salary to be $47,398, instead of $42,500 with $5,000 in overtime average per year.
Listerman also was approved to fill the assistant engineer position with $41,989 in the budget.
He wants someone with a college degree and background in construction management.
Budget issues with recertifying his budget due to error in appropriations line by line will be done at the next meeting per Pickens.
6. Sandy Carley and Dennis Monroe of PAWS gave an overview of their proposal for taking over the Animal Shelter to Council. Their bottom line number was $286,599 annually to run the shelter with their share of $159,500 and the county giving $130,000.
The county’s number did NOT include the ACO’s salaries and related expenses. Pickens wanted to know how they would take over the ACO’s eventually as natural attrition occurs. Ullrich was concerned with legal liabilities on some of the duties.
Carley was not sure about taking over ACO’s – she seemed surprised at that idea.
Morris said not to hire a director or 4th ACO with this in flux.
Lansing asked about leasing land and their plans. Carley said they were pursuing all offers.
Barrett said- why go to Greendale dumpsite if there is no sewer there?
Lansing asked about PAWS and county and what would happen if there were problems. Monroe said that would be in their succession plan. Lansing also asked what happens when Mayor Cunningham no longer runs for mayor. The next one might not be so generous for PAWS.
Ullrich said- the county is OBLIGATED to provide Animal Control. Pickens and Carley both said- if it is built on county land- it reverts to the county.
Council said PAWS is going in the right direction- discussion and task force continues to meet.
7. Bill Ullrich brought up 2 items for the sheriff- renewed the commissary items to be approved by sheriff if under $500 and approved upgrading the whole campus card security for $11,555 with bid from H&P to be paid out of the COMMISSARY FUND. [NOTE: What does commissary have to do with security?]
8. Contract signed for lobbyists.
9. Conflicts of interest discussed by Kraus regarding him voting for anything on Surveyor( his son’s office), Ullrich with the Sheriff’s Dept., and Messmore with the Prosecutor’s office ( Victim’s Advocacy) He wanted to make the board aware of the appearance of conficts of interest and to avoid them.
10. Lansing apprised the Council of the Sugar Ridge Road issue and the possibility of $30,000 chip seal on Augusta Drive as a county expense.
11. Kraus asked about the County adm/coordinator position and whether it would be funded in 2011. Rumors that it wouldn’t were making it hard to fill the spot. Council said they wouldn’t stop funding nor would they promise it. Economics might determine it- but as long as they could get someone in there to do a good job- they would try to keep it funded. They perceived it as needed.
12. Cheek asked about salary grid. Barrett and Morris indicated the numbers were high- maybe use the minimums as a guide. No money now anyway.
13. Cheek also asked about grants being reviewed to be sure that the county was not on the hook for expense or continuing the position post grant.
Meeting adjourned at 9 PM
Christine Brauer Mueller
Lawrenceburg Township
Wednesday, January 27, 2010
Tuesday, January 26, 2010
AGENDA- COMMISSIONERS MEETING CHANGED TO MONDAY FEB 1
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
February 1, 2010
7:00 p.m.
Administration Building
215 W. High Street, Lawrenceburg, Indiana
NOTE: THIS IS A MONDAY NIGHT MEETING
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
IV. NEW BUSINESS
1. Andrea Conroy – “What’s Happening” magazine discussion
2. Signatures for Doctor and Nurse Agreement for Juvenile
3. OKI alternative member for Executive Session Meetings discussion
4. Heath Department representative – Employee leave discussion
V. HIGHWAY DEPARTMENT
1. Updates
2. George Street Bridge Agreement
VI. AUDITOR - Cary Pickens
Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
Accident report/Supervisory reports
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
February 1, 2010
7:00 p.m.
Administration Building
215 W. High Street, Lawrenceburg, Indiana
NOTE: THIS IS A MONDAY NIGHT MEETING
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
IV. NEW BUSINESS
1. Andrea Conroy – “What’s Happening” magazine discussion
2. Signatures for Doctor and Nurse Agreement for Juvenile
3. OKI alternative member for Executive Session Meetings discussion
4. Heath Department representative – Employee leave discussion
V. HIGHWAY DEPARTMENT
1. Updates
2. George Street Bridge Agreement
VI. AUDITOR - Cary Pickens
Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
Accident report/Supervisory reports
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
25 January 2010 Dearborn County Plan Commission Meeting Notes
25 January 2010 Dearborn County Plan Commission Meeting Notes
Present: Mike Hall, Chairman, Mark Lehman, Ken Nelson, Jake Hoog, Dennis Kraus, Jr., Russell Beiersdorfer, Mike Hornbach, Ralph Thompson, and Dan Lansing.
Also present: Mark McCormack, Plan Director, Arnie McGill, Attorney, Ashley Webb, Zoning Administrator, and Ron Barnhart, Ass’t Planner.
Hall was reelected as Chairman, Kraus Jr. as Vice chairman, McCormack as Secretary, and McGill as Attorney. Mike Hall is the PC rep to the BZA again.
There were no applications or old business that was to come off the table.
ADMINISTRATIVE:
Discussion of Sugar Ridge PUD solutions took about 2.5 hours. The room was full of about 40 residents from Sugar Ridge. UCB bank representatives (Bill Ritzmann, EG McLaughlin, and Bob Ewbank) attended. DCRSD board member Brett Fehrman and President Steve Renihan were present. In addition to Thompson , the commissioner who sits on the PC, Commissioners Orschell and Hughes attended.
McCormack gave a power point presentation of the timeline and issues that are still unsolved at Sugar Ridge. The report and map can be downloaded from the PC website: www.dearborncounty.org/planning
The purpose of this session was to inform the officials and stakeholders involved of the facts regarding the development and to engage the parties to address ongoing problems with the subdivision.
Notice was sent to 58 parties based on tax records with the assessor’s office. Public notice was also given to the local media and to property owners via emails to pass to neighbors.
The top coat on the roads- Augusta Drive and Oakmont will cost about $150,000 to do it to the sub collector specs as in the plans. The county has done some snow removal there for safety reasons, despite the fact that it is not an accepted county road. The pedestrian bike path and drainage areas are not in the bond and the pathway will likely not be done. The original plan changed with retention and detention areas and also with density areas. Article 16 in the code was revised to address issues that this development made evident- regarding major and minor changes.
Nelson questioned the movement of density and how it affected the investors with loans on the land. He also questioned the amount of contact between staff and developer. McCormack said the problems developed about the same time as the developer (and county)let the $700,000 letter of credit with First Financial bank lapse. The $500,000 letter of credit was released earlier as that amount of work was finished on the road.
In Nov 2007 a lawsuit was filed against the developer for non-compliance issues. Many of the lots have been foreclosed , but the lawsuit is still pending. Nelson said- If fraud was involved in the bond issues, you cannot hide behind bankruptcy for fraud. McGill said there were never any allegations of fraud by any creditor at that time. They all signed off on the bankruptcy. Nelson asked if it was a smoke and mirrors game. McCormack said the blanks in their knowledge got filled in by parties who had loaned to the developer. He then delineated the areas of density that were moved around during the development phase and noted that the practice range and banquet hall are not going to be built apparently. Even though density areas moved, the total density for the PUD stayed the same.
Thompson asked for a list of banks involved in the developer’s mortgage. He wants to track who was financially impacted by the density shift. Banks listed were: Eagle Savings, First Financial, Bank of America, UCB, LaSalle, Central, and Merchants. McCormack stated that some banks were given plans with densities that far exceed any density that the county approved.
Greendale has to sign off before any additional sewage capacity can be added beyond the original plan. Lots 2, 120, 28, 29, 26, 22 etc are affected by OWNING detention basins. There are homeowners associations in the village and condo areas. There is none in the single family detached homes. They have restrictions and covenants that they will have to enforce in civil suits if needed as the developer is no longer there. The purpose of the meeting is to INFORM residents NOT to set up Homeowners Ass’ns for them.
PUBLIC COMMENT:
Carl Stecklan (sp?) asked how do bonds expire? Performance bonds cover the job and should run until it is completed. They get billed for the premium until it’s released by the county!
McGill said it was a letter of credit and we don’t actually have a copy of the letter of credit- we have a letter with the number and etc on it referring to it in our file. The bank (First Financial) said they destroy letters of credit after a certain time period. [NOTE: UNBELIEVABLE!- A financial institution that deals in taxable situations destroys something that soon? Banks destroying financial records less than 5 years old?]
Carl Stecklan- you might want to only get bonds from now on.
McCormack- To correct this problem, we have monthly tracking on all of these now with reports to the PC. The bonds are no longer in highway- they are in PZ Office.
Lisa Taylor- Lot 161 -is an attorney living in Sugar Ridge- concerned about fraud possibility. We should move forward with that- where is Macke’s partner? Encourage the county to look into a lawsuit. She wants no HOA- she would have moved to HVL if she wanted that. Do NOT leave the lawsuit on the table- do not accept that the bank does not have a copy of the letter of credit. There are problems here and it means people will have trouble selling until they are fixed.
??? Man (could not hear name)- Per Article 4 of PZ- the county did not proceed in a timely manner to execute the letter of credit. We’re all culpable- us for not getting to it and the county for not managing better. We need asphalt top coat- if each owner pitches in x amount- we can get it done and move on. Macke’s gone. [NOTE: Several in the audience were not in favor of spending their money.]
Frank Leary- Lot 24- has one of the retention areas by him- and knows he is responsible to help with repairs possible. He added that Macke bought Elk Run Golf Course in Milford and put it in his wife’s name. Leary attended the bankruptcy hearing and learned about these shenanigans.
Jerry Federle- Heard that Pebble Creek bought the golf course- and that 4 owners included Macke and his partner Tuke.
McGill- It’s a different legal corporation- hence a different “person.”
Tim Brennan- Is the county going to blacktop the street and accept it? Sometimes with a letter of credit the bank requires the developer to put up a performance bond to secure the line of credit. Ask about his. Since the county did not do due diligence- will they fix this?
Bill Ritzmann- UCB Bank President- We foreclosed on the golf course- we owned it and own Lot 157 in D-1. We did this as a way of keeping property values up. Even though the consequences were unintended by the PC – they are real. We called the county to confirm the density on D-1- Lot 157 and made the mortgage for 60 condos. Now the density it 2.85- so only 21 units. We are not here with our hand out- but we are here to voice our concerns. “UCB HAS SOLD SUGAR RIDGE GOLF COURSE TO ANOTHER ENTITY AND MACKE HAS NOTHING TO DO WITH IT.” We believe in Sugar Ridge- it can be a really nice development. The county should get the road paved.
???- Pres of Villages of Sugar Glen and their HOA- Property D- built 22 condos, sold 18, and also a clubhouse because a practice range was to be her. Our bank defaulted on us- we raised the money and stayed. If they knew what they actually have now- the banks can redo their paperwork ( write-off) and move on.
END PUBLIC COMMENT
Nelson- Bothered by this because now the regulations will increase on everyone. One option – look at a TIF here to raise the funds for road and other infrastructure and maybe even the traffic light. Second- maybe we should collectively chase Macke and get something. I’d like to know who got the money when the bond was released. Were the partners discharged also? These are things that a lawsuit will uncover. They think we are country hicks and they leave us holding the bag.
McGill- don’t know how many corporations and LLCs are in existence for them.
Lisa Taylor- attorney- piercing the corporate veil- consider fraud again.
McGill- The banks did not object at the bankruptcy hearing. How to claim fraud now? All these LLCs are in Ohio. They only have to list their attorney and the rest are covered. We talked to the county attorney about this at the time.
Bob Ewbank-attorney- I was the county attorney then. There is NO letter of credit. The county let it lapse.
McCormack- PZ did not let it lapse- it was in the highway dept then. The Plan Director at that time and the Ass’t County Engineer who was in charge on bonds no longer work for the county. The people who are in charge now are trying to fix this! We have a letter from First Financial Bank to show the $700,000 letter of credit exists- but no actual letter of credit. WE have looked everywhere in the files.
Tom Orschell- Commissioner – explained the highway budget issues and revenue. He is willing to work to help resolve but can make no commitments tonight. [NOTE: He is correct. Commissioners are all present and so it is inappropriate for them to take action as this is not their publicly announced meeting time. Note Open Door Laws]
Todd Listerman- Transportation Director- will contact Tom Gehring and Dave O’Mara to get copies of the road data. Only have data for first part of Augusta Road. Estimate for the road topcoat of 1.5” was $150,000 from O’Mara in 2008. One small area was fixed by the county where the sewer line came across. County plows some areas for safety issues. The asphalt is in the 7.5-11” range and was to be set as a collector standard of 10.5”. It would definitely meet local street standards. The idea now is to put topcoats on and have roads finished within 2 years- not wait for a large percentage of build out to be done. Some of our bonds extend 7-10 years!. Now if the road tears up after the 2years and topcoat- the builders are responsible. They won’t get an occupancy permit until they fix the damage. Speed limit is 30 mph on Augusta- as it is an unposted speed limit road. 30 mph is enforceable by the sheriff.
County gets $4000 per mile for roads and it would take 20 years to recoup that for Augusta Drive at $150,000. He proposed maybe doing chip seal over this to hold it at about $30,000 cost. The county only paved 3.5 miles of the 500 we have last year. The road counts on this road are low- and very little truck traffic. Neighbors were worried about the speeders and drunks from the clubhouse.
Listerman said if the subbase were bad we would have seen it by now with as much rain as we had last year. This road has no gravel base- it is a full depth asphalt road.
Jeff Hughes- County Commissioner- asked to speak. We all inherited this- the county does have responsibility. If it come to the commissioners, I’m going to vote to take it (the road) over.
Ralph Thompson- County Commissioner and Plan Commission member- There are issues for the commissioners to decide and they cannot legally be discussed here. He motioned to continue the research and table this till the February 22nd meeting. Lansing 2nded. All ayes. TABLED.
Rick Murphy- advised them that the Hamilton County Common Pleas Court has online listings of all under Michael R Macke.
ADMINISTRATIVE- Continued:
1. Gave out annual report for Board review.
2. Comp Plan Advisory Board Meeting will probably be the last Wed in March.
3. Passed out the updated bonds lists and one is coming due that has been dragging their feet.
4. Draft copy for review of the inspection and enforcement procedure- to be finalized in Feb or Mar.
Meeting adjourned at 9:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Mike Hall, Chairman, Mark Lehman, Ken Nelson, Jake Hoog, Dennis Kraus, Jr., Russell Beiersdorfer, Mike Hornbach, Ralph Thompson, and Dan Lansing.
Also present: Mark McCormack, Plan Director, Arnie McGill, Attorney, Ashley Webb, Zoning Administrator, and Ron Barnhart, Ass’t Planner.
Hall was reelected as Chairman, Kraus Jr. as Vice chairman, McCormack as Secretary, and McGill as Attorney. Mike Hall is the PC rep to the BZA again.
There were no applications or old business that was to come off the table.
ADMINISTRATIVE:
Discussion of Sugar Ridge PUD solutions took about 2.5 hours. The room was full of about 40 residents from Sugar Ridge. UCB bank representatives (Bill Ritzmann, EG McLaughlin, and Bob Ewbank) attended. DCRSD board member Brett Fehrman and President Steve Renihan were present. In addition to Thompson , the commissioner who sits on the PC, Commissioners Orschell and Hughes attended.
McCormack gave a power point presentation of the timeline and issues that are still unsolved at Sugar Ridge. The report and map can be downloaded from the PC website: www.dearborncounty.org/planning
The purpose of this session was to inform the officials and stakeholders involved of the facts regarding the development and to engage the parties to address ongoing problems with the subdivision.
Notice was sent to 58 parties based on tax records with the assessor’s office. Public notice was also given to the local media and to property owners via emails to pass to neighbors.
The top coat on the roads- Augusta Drive and Oakmont will cost about $150,000 to do it to the sub collector specs as in the plans. The county has done some snow removal there for safety reasons, despite the fact that it is not an accepted county road. The pedestrian bike path and drainage areas are not in the bond and the pathway will likely not be done. The original plan changed with retention and detention areas and also with density areas. Article 16 in the code was revised to address issues that this development made evident- regarding major and minor changes.
Nelson questioned the movement of density and how it affected the investors with loans on the land. He also questioned the amount of contact between staff and developer. McCormack said the problems developed about the same time as the developer (and county)let the $700,000 letter of credit with First Financial bank lapse. The $500,000 letter of credit was released earlier as that amount of work was finished on the road.
In Nov 2007 a lawsuit was filed against the developer for non-compliance issues. Many of the lots have been foreclosed , but the lawsuit is still pending. Nelson said- If fraud was involved in the bond issues, you cannot hide behind bankruptcy for fraud. McGill said there were never any allegations of fraud by any creditor at that time. They all signed off on the bankruptcy. Nelson asked if it was a smoke and mirrors game. McCormack said the blanks in their knowledge got filled in by parties who had loaned to the developer. He then delineated the areas of density that were moved around during the development phase and noted that the practice range and banquet hall are not going to be built apparently. Even though density areas moved, the total density for the PUD stayed the same.
Thompson asked for a list of banks involved in the developer’s mortgage. He wants to track who was financially impacted by the density shift. Banks listed were: Eagle Savings, First Financial, Bank of America, UCB, LaSalle, Central, and Merchants. McCormack stated that some banks were given plans with densities that far exceed any density that the county approved.
Greendale has to sign off before any additional sewage capacity can be added beyond the original plan. Lots 2, 120, 28, 29, 26, 22 etc are affected by OWNING detention basins. There are homeowners associations in the village and condo areas. There is none in the single family detached homes. They have restrictions and covenants that they will have to enforce in civil suits if needed as the developer is no longer there. The purpose of the meeting is to INFORM residents NOT to set up Homeowners Ass’ns for them.
PUBLIC COMMENT:
Carl Stecklan (sp?) asked how do bonds expire? Performance bonds cover the job and should run until it is completed. They get billed for the premium until it’s released by the county!
McGill said it was a letter of credit and we don’t actually have a copy of the letter of credit- we have a letter with the number and etc on it referring to it in our file. The bank (First Financial) said they destroy letters of credit after a certain time period. [NOTE: UNBELIEVABLE!- A financial institution that deals in taxable situations destroys something that soon? Banks destroying financial records less than 5 years old?]
Carl Stecklan- you might want to only get bonds from now on.
McCormack- To correct this problem, we have monthly tracking on all of these now with reports to the PC. The bonds are no longer in highway- they are in PZ Office.
Lisa Taylor- Lot 161 -is an attorney living in Sugar Ridge- concerned about fraud possibility. We should move forward with that- where is Macke’s partner? Encourage the county to look into a lawsuit. She wants no HOA- she would have moved to HVL if she wanted that. Do NOT leave the lawsuit on the table- do not accept that the bank does not have a copy of the letter of credit. There are problems here and it means people will have trouble selling until they are fixed.
??? Man (could not hear name)- Per Article 4 of PZ- the county did not proceed in a timely manner to execute the letter of credit. We’re all culpable- us for not getting to it and the county for not managing better. We need asphalt top coat- if each owner pitches in x amount- we can get it done and move on. Macke’s gone. [NOTE: Several in the audience were not in favor of spending their money.]
Frank Leary- Lot 24- has one of the retention areas by him- and knows he is responsible to help with repairs possible. He added that Macke bought Elk Run Golf Course in Milford and put it in his wife’s name. Leary attended the bankruptcy hearing and learned about these shenanigans.
Jerry Federle- Heard that Pebble Creek bought the golf course- and that 4 owners included Macke and his partner Tuke.
McGill- It’s a different legal corporation- hence a different “person.”
Tim Brennan- Is the county going to blacktop the street and accept it? Sometimes with a letter of credit the bank requires the developer to put up a performance bond to secure the line of credit. Ask about his. Since the county did not do due diligence- will they fix this?
Bill Ritzmann- UCB Bank President- We foreclosed on the golf course- we owned it and own Lot 157 in D-1. We did this as a way of keeping property values up. Even though the consequences were unintended by the PC – they are real. We called the county to confirm the density on D-1- Lot 157 and made the mortgage for 60 condos. Now the density it 2.85- so only 21 units. We are not here with our hand out- but we are here to voice our concerns. “UCB HAS SOLD SUGAR RIDGE GOLF COURSE TO ANOTHER ENTITY AND MACKE HAS NOTHING TO DO WITH IT.” We believe in Sugar Ridge- it can be a really nice development. The county should get the road paved.
???- Pres of Villages of Sugar Glen and their HOA- Property D- built 22 condos, sold 18, and also a clubhouse because a practice range was to be her. Our bank defaulted on us- we raised the money and stayed. If they knew what they actually have now- the banks can redo their paperwork ( write-off) and move on.
END PUBLIC COMMENT
Nelson- Bothered by this because now the regulations will increase on everyone. One option – look at a TIF here to raise the funds for road and other infrastructure and maybe even the traffic light. Second- maybe we should collectively chase Macke and get something. I’d like to know who got the money when the bond was released. Were the partners discharged also? These are things that a lawsuit will uncover. They think we are country hicks and they leave us holding the bag.
McGill- don’t know how many corporations and LLCs are in existence for them.
Lisa Taylor- attorney- piercing the corporate veil- consider fraud again.
McGill- The banks did not object at the bankruptcy hearing. How to claim fraud now? All these LLCs are in Ohio. They only have to list their attorney and the rest are covered. We talked to the county attorney about this at the time.
Bob Ewbank-attorney- I was the county attorney then. There is NO letter of credit. The county let it lapse.
McCormack- PZ did not let it lapse- it was in the highway dept then. The Plan Director at that time and the Ass’t County Engineer who was in charge on bonds no longer work for the county. The people who are in charge now are trying to fix this! We have a letter from First Financial Bank to show the $700,000 letter of credit exists- but no actual letter of credit. WE have looked everywhere in the files.
Tom Orschell- Commissioner – explained the highway budget issues and revenue. He is willing to work to help resolve but can make no commitments tonight. [NOTE: He is correct. Commissioners are all present and so it is inappropriate for them to take action as this is not their publicly announced meeting time. Note Open Door Laws]
Todd Listerman- Transportation Director- will contact Tom Gehring and Dave O’Mara to get copies of the road data. Only have data for first part of Augusta Road. Estimate for the road topcoat of 1.5” was $150,000 from O’Mara in 2008. One small area was fixed by the county where the sewer line came across. County plows some areas for safety issues. The asphalt is in the 7.5-11” range and was to be set as a collector standard of 10.5”. It would definitely meet local street standards. The idea now is to put topcoats on and have roads finished within 2 years- not wait for a large percentage of build out to be done. Some of our bonds extend 7-10 years!. Now if the road tears up after the 2years and topcoat- the builders are responsible. They won’t get an occupancy permit until they fix the damage. Speed limit is 30 mph on Augusta- as it is an unposted speed limit road. 30 mph is enforceable by the sheriff.
County gets $4000 per mile for roads and it would take 20 years to recoup that for Augusta Drive at $150,000. He proposed maybe doing chip seal over this to hold it at about $30,000 cost. The county only paved 3.5 miles of the 500 we have last year. The road counts on this road are low- and very little truck traffic. Neighbors were worried about the speeders and drunks from the clubhouse.
Listerman said if the subbase were bad we would have seen it by now with as much rain as we had last year. This road has no gravel base- it is a full depth asphalt road.
Jeff Hughes- County Commissioner- asked to speak. We all inherited this- the county does have responsibility. If it come to the commissioners, I’m going to vote to take it (the road) over.
Ralph Thompson- County Commissioner and Plan Commission member- There are issues for the commissioners to decide and they cannot legally be discussed here. He motioned to continue the research and table this till the February 22nd meeting. Lansing 2nded. All ayes. TABLED.
Rick Murphy- advised them that the Hamilton County Common Pleas Court has online listings of all under Michael R Macke.
ADMINISTRATIVE- Continued:
1. Gave out annual report for Board review.
2. Comp Plan Advisory Board Meeting will probably be the last Wed in March.
3. Passed out the updated bonds lists and one is coming due that has been dragging their feet.
4. Draft copy for review of the inspection and enforcement procedure- to be finalized in Feb or Mar.
Meeting adjourned at 9:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Friday, January 22, 2010
UPDATE on EcO15 INITIATIVE
Dear EcO15 Supporters:
First of all...thank you for your support over 2009 for the EcO15 Initiative. I hope you all have a healthy, prosperous and enriching New Year. 2009 was an eventful one of the EcO15 Initiative. It not only has gotten state-wide attention, but many areas of our nation are starting to take notice of the Initiative's efforts to promote "career pathway development" within our k - 12 education system. They are very interested in the transformation in our middle and high schools with respect to "project-based" learning environments.
The attachment is of our most recent quarterly newsletter of the EcO15 Initiative in Dearborn County. I attempt to keep the newsletter brief and encourage you to check-out some of the web sites noted in the letter. [NEWSLETTER UNABLE TO LINK TO BLOG but the Dec. newsletter soon can be found on http://www.dearborncf.org/ ]
The next quarterly newsletter should reflect some very exciting initiatives that have been created by the EcO15 Initiative for the region. An important one is an IT Study to assess our technology infrastructure and create a strategic plan to to promote a "true", affordable, and reliable broadband service for our county and the region. This is a BIG step in promoting community, quality of life and economic development concerns. It will have an enormous impact on our "life-long" educational capabilities, retail and commercial business capacity and the enhancing various services being distributed to all residents of Dearborn County. Watch for more news.
Another is the creation of an East Indiana - Area Health Education Center (EI-AHEC) for promoting awareness and recruiting for career-minded individuals in the growing healthcare industry. Again, watch for developments and initiatives related to helping our local workforce make the transition to highly skilled and high paying careers in these 21st century industries.
Mark J. Neff
Dearborn County EcO15 Coordinator
Dearborn Community Foundation
322 Walnut Street
Lawrenceburg, IN 47025
(812) 539-4115 Foundation Office
(812) 539-4119 Fax
(812) 584-7629 Cell Phone
http://www.dearborncf.org/
http://www.eco15.org/
First of all...thank you for your support over 2009 for the EcO15 Initiative. I hope you all have a healthy, prosperous and enriching New Year. 2009 was an eventful one of the EcO15 Initiative. It not only has gotten state-wide attention, but many areas of our nation are starting to take notice of the Initiative's efforts to promote "career pathway development" within our k - 12 education system. They are very interested in the transformation in our middle and high schools with respect to "project-based" learning environments.
The attachment is of our most recent quarterly newsletter of the EcO15 Initiative in Dearborn County. I attempt to keep the newsletter brief and encourage you to check-out some of the web sites noted in the letter. [NEWSLETTER UNABLE TO LINK TO BLOG but the Dec. newsletter soon can be found on http://www.dearborncf.org/ ]
The next quarterly newsletter should reflect some very exciting initiatives that have been created by the EcO15 Initiative for the region. An important one is an IT Study to assess our technology infrastructure and create a strategic plan to to promote a "true", affordable, and reliable broadband service for our county and the region. This is a BIG step in promoting community, quality of life and economic development concerns. It will have an enormous impact on our "life-long" educational capabilities, retail and commercial business capacity and the enhancing various services being distributed to all residents of Dearborn County. Watch for more news.
Another is the creation of an East Indiana - Area Health Education Center (EI-AHEC) for promoting awareness and recruiting for career-minded individuals in the growing healthcare industry. Again, watch for developments and initiatives related to helping our local workforce make the transition to highly skilled and high paying careers in these 21st century industries.
Mark J. Neff
Dearborn County EcO15 Coordinator
Dearborn Community Foundation
322 Walnut Street
Lawrenceburg, IN 47025
(812) 539-4115 Foundation Office
(812) 539-4119 Fax
(812) 584-7629 Cell Phone
http://www.dearborncf.org/
http://www.eco15.org/
Wednesday, January 20, 2010
ANNUAL MEETING OF COUNTY REDEVELOPMENT COMMISSION FEB 2nd
The Dearborn County Redevelopment Commission will hold their annual meeting on
Tuesday Feb 2nd at 4 PM
in the Dearborn County Chanber of Commerce Office on Walnut Street.
Tuesday Feb 2nd at 4 PM
in the Dearborn County Chanber of Commerce Office on Walnut Street.
Tuesday, January 19, 2010
19 January 2010 Dearborn County Commissioner Meeting Notes
19 January 2010 Dearborn County Commissioner Meeting Notes
Present: Hughes, President pro tem, and Orschell.
ABSENT: Thompson- illness
Also present: Pickens, Auditor, and Witte, Attorney.
NEW BUSINESS:
Donna Thacker CASA (Citizens Against Substance Abuse) received approval for their budget overview and13 grant recommendations for 2010.
Mary McCarty and Susan Craig of SIRPC (SE IN Regional Plan Commission) - gave commissioners an overview of all the services they can provide, noting disaster recovery, community focus funds for infrastructure, and local elected official training. They are also working with Monica Opps for Hogan Water Corp to get a CFF grant for their infrastructure- based on 51% moderate to low income beneficiaries. Witte reminded them that Hogan had to come back to commissioners to get their support approval.
Susan Craig also received a commissioner signature (Hughes as President pro tem) on the paperwork verifying the 8th of 10 years that the YES HOME has to show that it is being used for YOUTH Services.
Luan Male of Lifetime Resources received approval for a community development block grant (CDBG) application for $157,970 for seven homes to be rehabbed.
Michelle Bowman of Region 9 Workforce- asked commissioners to sign a letter of support for the YHCC (Young Hoosier Conservation Corps) to get the program expanded to cities and counties. They are part of the economic stimulus recovery. They provide up to 16 weeks at $8.50 per hour for ages 16-24 for summer jobs. In the area 40 youth worked at Versailles State Park and 5 at Whitewater Canal. Commissioners each signed a letter.
Sean Kimble from Liberty National out of Birmingham AL gave an overview of services and wants to provide group term life insurance for employees up to age 100 and those wanting to buy insurance for their grandchildren. They only do life insurance- no cost to county. Rated AM BEST etc. They will get rate sheets to Pickens and the Commissioners to review. No decision.
No Highway Report- Listerman not present.
Claims were approved pending Hughes’s review.
Minutes were tabled to fix the motion regarding Happy Hollow to include the amendment for clearing the ROW that is not on maintenance on an annual basis.
Lawrenceburg EMS contract signed for $40,000.
LATE ARRIVALS:
Carl Fryman- Building Dept.- received permission to go to Council Tuesday to request $8,000 in part time funds to be restored.
Sandy Carley received permission to present PAWS proposal on the animal shelter for discussion at the Tuesday Council meeting. PAWS on January 12th meeting drew up a proposal (which is a work in progress) She also requested to have her name removed from the County account for the shelter at UCB. She gave a memo regarding that to Pickens.
Witte- Attorney- gave a report on Hughes question regarding purchasing agent authority for services. Witte said: Per IC – the only authority allowed to bind the county to a contract is the Board of Commissioners. The dept. heads can negotiate and do leg work- but the final approval rests with commissioners. Any extended contract (beyond a year) is regarded as putting the county in a position of debt. The only way to take on debt is thru the bonding process. Extended contracts can be signed ON THE CONDITION that the county COUNCIL funds it. (That should be part of the contract) These contracts should come back to commissioners and county attorney for review and decision. The current ordinance is NOT written that way. He will consider rewriting it if the board of commissioners directs him too. This decision will be made when all three commissioners are present.
Hughes- Has no problem with a 9-member animal control board. Witte informed them that the ordinance allows only for 7-member board now. Since one member- Schroeder from PAWS has resigned, they are down to 8. Two members are set to be reappointed- Carley from PAWS and Schneider. Carley said she is willing to step away and if they want to they can reappoint Schneider- that will make a 7-member board. Approved with Schneider appointed.
Orschell- gave a brief summary of the PAWS proposal for the new animal shelter. This proposal will be discussed at the Tuesday Council meeting. Council will have ideas to add or subtract. Funding will be discussed. [NOTE: PAWS needs to develop a business plan for this shelter with the advice of an accountant or CPA. Council should insist on this prior to finalizing any funding and Commissioners should too before they sign any contracts. The county has limited funds, the volunteers of PAWS will be busy with the shelter and may not have much time to raise more funds, and there needs to be a firm idea of what the costs will be to maintain and staff their portion of the shelter. The county also needs to have a clear idea of who is caring for animals during their initial entry to the shelter prior to the PAWS people taking over their care. Euthanization duties need to be spelled out. Lastly, there needs to be a fall back plan should PAWS be unable to continue their services on behalf of the county. Ownership of the shelter and the land it is on should be addressed in this fall back plan as well.]
PUBLIC COMMENT:
Cliff Eibeck thanked Witte for his statements regarding the commissioners being the ones running the county. He also asked Hughes again to speak up at meetings, saying that the people elected him and they have a right to hear what he is saying at meetings.
Bill Black-EMA Director- received commissioners’ signatures for the $14,000 GIS grant for a GIS website for homeland security. This was approved in Sept 2009. The website will be managed for 2 years by 39 degrees.
Meeting adjourned at 10:15 AM
Christine Brauer Mueller
Lawrenceburg Township
Present: Hughes, President pro tem, and Orschell.
ABSENT: Thompson- illness
Also present: Pickens, Auditor, and Witte, Attorney.
NEW BUSINESS:
Donna Thacker CASA (Citizens Against Substance Abuse) received approval for their budget overview and13 grant recommendations for 2010.
Mary McCarty and Susan Craig of SIRPC (SE IN Regional Plan Commission) - gave commissioners an overview of all the services they can provide, noting disaster recovery, community focus funds for infrastructure, and local elected official training. They are also working with Monica Opps for Hogan Water Corp to get a CFF grant for their infrastructure- based on 51% moderate to low income beneficiaries. Witte reminded them that Hogan had to come back to commissioners to get their support approval.
Susan Craig also received a commissioner signature (Hughes as President pro tem) on the paperwork verifying the 8th of 10 years that the YES HOME has to show that it is being used for YOUTH Services.
Luan Male of Lifetime Resources received approval for a community development block grant (CDBG) application for $157,970 for seven homes to be rehabbed.
Michelle Bowman of Region 9 Workforce- asked commissioners to sign a letter of support for the YHCC (Young Hoosier Conservation Corps) to get the program expanded to cities and counties. They are part of the economic stimulus recovery. They provide up to 16 weeks at $8.50 per hour for ages 16-24 for summer jobs. In the area 40 youth worked at Versailles State Park and 5 at Whitewater Canal. Commissioners each signed a letter.
Sean Kimble from Liberty National out of Birmingham AL gave an overview of services and wants to provide group term life insurance for employees up to age 100 and those wanting to buy insurance for their grandchildren. They only do life insurance- no cost to county. Rated AM BEST etc. They will get rate sheets to Pickens and the Commissioners to review. No decision.
No Highway Report- Listerman not present.
Claims were approved pending Hughes’s review.
Minutes were tabled to fix the motion regarding Happy Hollow to include the amendment for clearing the ROW that is not on maintenance on an annual basis.
Lawrenceburg EMS contract signed for $40,000.
LATE ARRIVALS:
Carl Fryman- Building Dept.- received permission to go to Council Tuesday to request $8,000 in part time funds to be restored.
Sandy Carley received permission to present PAWS proposal on the animal shelter for discussion at the Tuesday Council meeting. PAWS on January 12th meeting drew up a proposal (which is a work in progress) She also requested to have her name removed from the County account for the shelter at UCB. She gave a memo regarding that to Pickens.
Witte- Attorney- gave a report on Hughes question regarding purchasing agent authority for services. Witte said: Per IC – the only authority allowed to bind the county to a contract is the Board of Commissioners. The dept. heads can negotiate and do leg work- but the final approval rests with commissioners. Any extended contract (beyond a year) is regarded as putting the county in a position of debt. The only way to take on debt is thru the bonding process. Extended contracts can be signed ON THE CONDITION that the county COUNCIL funds it. (That should be part of the contract) These contracts should come back to commissioners and county attorney for review and decision. The current ordinance is NOT written that way. He will consider rewriting it if the board of commissioners directs him too. This decision will be made when all three commissioners are present.
Hughes- Has no problem with a 9-member animal control board. Witte informed them that the ordinance allows only for 7-member board now. Since one member- Schroeder from PAWS has resigned, they are down to 8. Two members are set to be reappointed- Carley from PAWS and Schneider. Carley said she is willing to step away and if they want to they can reappoint Schneider- that will make a 7-member board. Approved with Schneider appointed.
Orschell- gave a brief summary of the PAWS proposal for the new animal shelter. This proposal will be discussed at the Tuesday Council meeting. Council will have ideas to add or subtract. Funding will be discussed. [NOTE: PAWS needs to develop a business plan for this shelter with the advice of an accountant or CPA. Council should insist on this prior to finalizing any funding and Commissioners should too before they sign any contracts. The county has limited funds, the volunteers of PAWS will be busy with the shelter and may not have much time to raise more funds, and there needs to be a firm idea of what the costs will be to maintain and staff their portion of the shelter. The county also needs to have a clear idea of who is caring for animals during their initial entry to the shelter prior to the PAWS people taking over their care. Euthanization duties need to be spelled out. Lastly, there needs to be a fall back plan should PAWS be unable to continue their services on behalf of the county. Ownership of the shelter and the land it is on should be addressed in this fall back plan as well.]
PUBLIC COMMENT:
Cliff Eibeck thanked Witte for his statements regarding the commissioners being the ones running the county. He also asked Hughes again to speak up at meetings, saying that the people elected him and they have a right to hear what he is saying at meetings.
Bill Black-EMA Director- received commissioners’ signatures for the $14,000 GIS grant for a GIS website for homeland security. This was approved in Sept 2009. The website will be managed for 2 years by 39 degrees.
Meeting adjourned at 10:15 AM
Christine Brauer Mueller
Lawrenceburg Township
Thursday, January 14, 2010
DRAFT AGENDA COMMISSIONER'S MEETING 19 JAN 2010
NOTE MEETING TIME AND PLACE ARE DIFFERENT!
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
January 19, 2010
9:00 a.m., City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
IV. NEW BUSINESS
1. Donna Thacker – CASA
Overview of proposed budge and grant recommendations
2. Mary McCarty/Susan Craig - Southeastern Indiana Regional Planning Commission (SIRPC)
1. Discussion on funding
2. Yes Home signatures
3. Luan Male – LifeTime
CDBG grant
4. Michelle Bowman – Region 9 Workforce
Expansion of VHCC program
5. Sean Kimble – Liberty National
Discussion
V. HIGHWAY DEPARTMENT – No report Todd Listerman will not be present
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
January 19, 2010
9:00 a.m., City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
IV. NEW BUSINESS
1. Donna Thacker – CASA
Overview of proposed budge and grant recommendations
2. Mary McCarty/Susan Craig - Southeastern Indiana Regional Planning Commission (SIRPC)
1. Discussion on funding
2. Yes Home signatures
3. Luan Male – LifeTime
CDBG grant
4. Michelle Bowman – Region 9 Workforce
Expansion of VHCC program
5. Sean Kimble – Liberty National
Discussion
V. HIGHWAY DEPARTMENT – No report Todd Listerman will not be present
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
Thursday, January 07, 2010
DEADLINES FOR FILING TO RUN FOR ELECTED OFFICE
The 1st day to file to run for Dearborn County public office is January 20, 2010 (Wednesday). The deadline to file is February 19, 2010 (Friday) at NOON.
Packets are available at the County Clerk’s office in the Courthouse.
Republican Precinct Committeemen do not run this year, but Democrat Precinct Committeemen do.
Packets are available at the County Clerk’s office in the Courthouse.
Republican Precinct Committeemen do not run this year, but Democrat Precinct Committeemen do.
Wednesday, January 06, 2010
5 January 2010 Dearborn County Commissioners Meeting Notes
5 January 2010 Dearborn County Commissioners Meeting Notes
Present: Thompson, Chairman, Orschell, and Hughes
Also present: Pickens, Auditor, and Witte, Attorney
OLD BUSINESS:
Happy Hollow Road from Woliung to Ester Ridge– Listerman said he had been trying to make actual maintenance match up to what the state road miles listed as maintenance. Happy Hollow had only 0.44 miles maintained and the state listed it as 1.1 miles. County was being paid for all 1.1 miles. Engles stated the county hasn’t maintained it in about 50 years. The county did not know how long they were being paid by the state for maintenance on the road- but it went back at least to 2003. Listerman proposed to keep 0.55 miles to capture the last residence (Lykin’s son) on the road and they were not going to give up the ROW, but they would not maintain the remaining miles of the 1.1 total. Witte informed the commissioners that the county can close ROW but a private individual cannot close county ROW.
[NOTE: the Lykins families own Most of the land in the area. The Engles family owns two parcels- 40 and 70 acres. They were concerned about access to their parcels and potential residence of their children in the future. Both were represented at the meeting. There is an issue over the COUNTY OWNED ROW being gated by the Lykins family. Happy Hollow ROW on the plat maps is shown passing through Lykins land and Engles land. The county may have to remove the obstacle (gate) that has illegally been placed across county ROW. If trespassers are a problem- perhaps the residents need to request vacating the ROW.]
Lykins made it clear that if the county were to maintain the ROW they could not go off the roadway to turn around or they would be trespassing on his land.
The commissioners voted to reduce the maintenance to 0.55 miles and to brush cut just enough to keep the ROW open for the 1.1 mile. All ayes.
NEW BUSINESS:
Brett Dodd of RQAW- gave an update on the Shumway Building (ugly colors but not in horrible condition- can be redone for about $1.6 million- conservative estimate) and also Hoosier Square Building (available for $720,000.)
Shumway is about 16,000 sq ft and Hoosier Square is 8800 sq ft. Hoosier Square could be leased to the county and then it would stay on tax rolls- producing tax income. Dodd said that the Adm Bldg has 24,735 sq ft of usable space, the Courthouse has 14,689, Shumway has 12,757, and Hoosier Square has 8,300.
The charettes will be in 2 phases to immediate needs addressed and then long-term ones. The immediate needs can be fixed with less money. ($4-5 million) Dodd will contact Judge Humphrey and they will set up dates for the charette. Commissioners noted two homes adjacent to Shumway were available at market value. They need more parking in the area for the county buildings.
Pickens advised taking the charettes off site to get more focused participation.
County appointments for 2010:
All county dept. heads were reappointed and Witte was reappointed as county attorney.
Commissioners kept their same board appointments as in 2009.
Thompson was reappointed president of commissioners with Hughes abstaining.
Mike Hall was reappointed to Plan Commission
Jim Deaton moved away and Jane Ohlmansiek was appointed to his spot on BZA
Steve Hubbard and Don Rechtin were reappointed to Health Board
Roger Rullman and Trina Hetzler were reappointed to Aurora Public Library
Lois Harper was reappointed to Cemetery Board
Betty Bischoff and Carl Petty were reappointed to the hospital board
Jim Dole was reappointed to the Alcoholic Beverage Board
Randy Abner was acknowledged (recommended by Fire Dept) by Commissioners to 911 Communications Board.
Convention and Visitors Bureau = reappointed Marilyn Bower, Dee Hacker, Steve Hedges, and Ellen Perfect and appointed Donna Mills to replace Ahmad Ahmad, who is no longer available from Holly wood Casino.
PTABOA (Tax Appeals) - Assessors is nonvoting member and serves in addition to five others. Commissioners appointed Bill Hartwell, Mark Neff and Mark Hardebeck, pending information on political affiliations. (No more than three members can be from one party.) At least three have to be county residents.
Animal Control Board is on hold to determine actual number and also to see what the new structure might be pending PAWS ideas on the new shelter etc.
Todd Listerman- Highway Dept- gave a 3-minute update.
Commissioners signed a change order for old US 52-stimulus project for a DEDUCTION of $1431.61.
Beam Longest and Neff will have plans ready for public to view on the Stateline project in the heart of Bright in March sometime. They will use the church or Logan Library for that public meeting.
Pickens- Auditor- claims and minutes signed.
Commissioners also signed the agreement with Lewes Kappes (Jewell DuBonis) as lobbyists for county again. Pickens will also be signing one with Frick and Associates- the other lobbyists later this month.
Covered Bridge Certification for Guilford Bridge was signed- we receive additional funds for this.
Witte- Attorney- 1 new tort claim on a car crash- nothing to worry about.
Witte drafted forms for Pickens on the wild dog kills of local livestock for claims.
Witte advised commissioners on the transfer of surplus vehicles to HVL Rangers and the legal limits. If a group sale is over $5,000 it has to be a public sale per IC 5-22-22-3. Commissioners may do a larger auction when eth weather is warmer.
Hughes asked about office holders signing large contracts for services (which are not subject to the $25,000 limit.) Discussion included that Council had to appropriate the funds first anyway. Witte is to look into an ordinance limiting this and also the grant process and the county responsibilities.
Thompson asked about money for photobadge ribbon replacement. Pickens advised checking with Eric Hartman’s budget. The badges are for employees serving out in the community as IDs.
PUBLIC COMMENT:
Cliff Eibeck requested that Commissioner Hughes speak up as he is difficult to hear in the back of the room.
Pickens reminded everyone that the next commissioners meeting is the 3rd Tuesday at 9AM and is at the Lawrenceburg Council Chambers.
Meeting adjourned at 9:35 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Thompson, Chairman, Orschell, and Hughes
Also present: Pickens, Auditor, and Witte, Attorney
OLD BUSINESS:
Happy Hollow Road from Woliung to Ester Ridge– Listerman said he had been trying to make actual maintenance match up to what the state road miles listed as maintenance. Happy Hollow had only 0.44 miles maintained and the state listed it as 1.1 miles. County was being paid for all 1.1 miles. Engles stated the county hasn’t maintained it in about 50 years. The county did not know how long they were being paid by the state for maintenance on the road- but it went back at least to 2003. Listerman proposed to keep 0.55 miles to capture the last residence (Lykin’s son) on the road and they were not going to give up the ROW, but they would not maintain the remaining miles of the 1.1 total. Witte informed the commissioners that the county can close ROW but a private individual cannot close county ROW.
[NOTE: the Lykins families own Most of the land in the area. The Engles family owns two parcels- 40 and 70 acres. They were concerned about access to their parcels and potential residence of their children in the future. Both were represented at the meeting. There is an issue over the COUNTY OWNED ROW being gated by the Lykins family. Happy Hollow ROW on the plat maps is shown passing through Lykins land and Engles land. The county may have to remove the obstacle (gate) that has illegally been placed across county ROW. If trespassers are a problem- perhaps the residents need to request vacating the ROW.]
Lykins made it clear that if the county were to maintain the ROW they could not go off the roadway to turn around or they would be trespassing on his land.
The commissioners voted to reduce the maintenance to 0.55 miles and to brush cut just enough to keep the ROW open for the 1.1 mile. All ayes.
NEW BUSINESS:
Brett Dodd of RQAW- gave an update on the Shumway Building (ugly colors but not in horrible condition- can be redone for about $1.6 million- conservative estimate) and also Hoosier Square Building (available for $720,000.)
Shumway is about 16,000 sq ft and Hoosier Square is 8800 sq ft. Hoosier Square could be leased to the county and then it would stay on tax rolls- producing tax income. Dodd said that the Adm Bldg has 24,735 sq ft of usable space, the Courthouse has 14,689, Shumway has 12,757, and Hoosier Square has 8,300.
The charettes will be in 2 phases to immediate needs addressed and then long-term ones. The immediate needs can be fixed with less money. ($4-5 million) Dodd will contact Judge Humphrey and they will set up dates for the charette. Commissioners noted two homes adjacent to Shumway were available at market value. They need more parking in the area for the county buildings.
Pickens advised taking the charettes off site to get more focused participation.
County appointments for 2010:
All county dept. heads were reappointed and Witte was reappointed as county attorney.
Commissioners kept their same board appointments as in 2009.
Thompson was reappointed president of commissioners with Hughes abstaining.
Mike Hall was reappointed to Plan Commission
Jim Deaton moved away and Jane Ohlmansiek was appointed to his spot on BZA
Steve Hubbard and Don Rechtin were reappointed to Health Board
Roger Rullman and Trina Hetzler were reappointed to Aurora Public Library
Lois Harper was reappointed to Cemetery Board
Betty Bischoff and Carl Petty were reappointed to the hospital board
Jim Dole was reappointed to the Alcoholic Beverage Board
Randy Abner was acknowledged (recommended by Fire Dept) by Commissioners to 911 Communications Board.
Convention and Visitors Bureau = reappointed Marilyn Bower, Dee Hacker, Steve Hedges, and Ellen Perfect and appointed Donna Mills to replace Ahmad Ahmad, who is no longer available from Holly wood Casino.
PTABOA (Tax Appeals) - Assessors is nonvoting member and serves in addition to five others. Commissioners appointed Bill Hartwell, Mark Neff and Mark Hardebeck, pending information on political affiliations. (No more than three members can be from one party.) At least three have to be county residents.
Animal Control Board is on hold to determine actual number and also to see what the new structure might be pending PAWS ideas on the new shelter etc.
Todd Listerman- Highway Dept- gave a 3-minute update.
Commissioners signed a change order for old US 52-stimulus project for a DEDUCTION of $1431.61.
Beam Longest and Neff will have plans ready for public to view on the Stateline project in the heart of Bright in March sometime. They will use the church or Logan Library for that public meeting.
Pickens- Auditor- claims and minutes signed.
Commissioners also signed the agreement with Lewes Kappes (Jewell DuBonis) as lobbyists for county again. Pickens will also be signing one with Frick and Associates- the other lobbyists later this month.
Covered Bridge Certification for Guilford Bridge was signed- we receive additional funds for this.
Witte- Attorney- 1 new tort claim on a car crash- nothing to worry about.
Witte drafted forms for Pickens on the wild dog kills of local livestock for claims.
Witte advised commissioners on the transfer of surplus vehicles to HVL Rangers and the legal limits. If a group sale is over $5,000 it has to be a public sale per IC 5-22-22-3. Commissioners may do a larger auction when eth weather is warmer.
Hughes asked about office holders signing large contracts for services (which are not subject to the $25,000 limit.) Discussion included that Council had to appropriate the funds first anyway. Witte is to look into an ordinance limiting this and also the grant process and the county responsibilities.
Thompson asked about money for photobadge ribbon replacement. Pickens advised checking with Eric Hartman’s budget. The badges are for employees serving out in the community as IDs.
PUBLIC COMMENT:
Cliff Eibeck requested that Commissioner Hughes speak up as he is difficult to hear in the back of the room.
Pickens reminded everyone that the next commissioners meeting is the 3rd Tuesday at 9AM and is at the Lawrenceburg Council Chambers.
Meeting adjourned at 9:35 PM
Christine Brauer Mueller
Lawrenceburg Township
Monday, January 04, 2010
DRAFT AGENDA COMMISSIONER'S MEETING 5 Jan 2010
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
January 5, 2010
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Happy Hollow Rd. – tabled from 10/06/09
IV. NEW BUSINESS
1. Brett Dodd, RQAW
Facility use and Charette information update
2. Appointments / County Officials
3. Appointments / Boards
V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
January 5, 2010
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Happy Hollow Rd. – tabled from 10/06/09
IV. NEW BUSINESS
1. Brett Dodd, RQAW
Facility use and Charette information update
2. Appointments / County Officials
3. Appointments / Boards
V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
Tuesday, December 29, 2009
Allen Goodman is new Dearborn County Republican Party Chairman
The local Republican party elected Allen Goodman as their new Chairman tonight.
Goodman was the only person to be nominated.
He replaces Gary Morris who died earlier this month after losing his battle against cancer.
Goodman was the only person to be nominated.
He replaces Gary Morris who died earlier this month after losing his battle against cancer.
Tuesday, December 22, 2009
21 December 2009 Dearborn County Plan Commission Meeting Notes
21 December 2009 Dearborn County Plan Commission Meeting Notes
Present: Hall, Chairman, Kraus, Jr, Lansing, Hoog, Lehman, Hornbach, Nelson, Thompson, and Beiersdorfer ( 20 minutes late)
Also present: McCormack, Plan Director, and McGill, Attorney.
1. Primary approval was requested for a 5-lot replat of lot 175 of the Villages of Sugar Ridge with applicant Land Consultants and Owner McFarland Properties on Augusta Drive in Section 13 of Miller Township on 0.8264 acres. Land is currently zoned as a PUD. The Bright Fire Dept letter has been received and the item came off the table. Discussion briefly reiterated concerns they might use up the extra 3 lots for the entire PUD in sewer taps. McCormack said build out wasn’t near that level yet. Concerns about Augusta Drive needing a top coat and a few minor repairs to be up to county standards were voiced. Costs were estimated in the $130-150,000 range for that work. County does not want taxpayers to end up with that tab as the developer went bankrupt and bonds are lapsed. Each mile of road on county inventory gets $4,000 tax money per year and it will take 100 years to get road money to fix all out roads.
Nelson motioned and Kraus Jr 2nded to approve with Hoog and Thompson voting Nay, Motion passed- replat is approved.
NELSON requested that the PC meet to discuss Sugar Ridge- all concurred. This was set for the January meeting, unless something bigger comes up. They want all residents of Sugar Ridge and Developers there to have access to the discussion.
2. Request for Primary Approval for a 19-lot subdivision called Havencrest with applicant Bayer Becker and owner Larry Rutenschroer on Georgetown Road in Miller Township Section 15 on 11.53 acres. The Land is zoned Residential and surrounded by other residential uses, including HVL. This plat is part of the larger Airy Acres from 1976. Entrance is on Georgetown and homes planned in the $180-280,000 range. Three issues- water service, some slopes > 20% and sidewalk waiver request- as adjoining areas have none for connection. There were about 30 members of the public present for this- none spoke, as it did not get that far. McGill stepped in and told the board there was no way they could approve this tonight, as there is no water service letter in the packet. They could Table it to save the developer a reapplication fee or they could deny it. The developer (Rutenschroer) spoke about his plans and costs including $76,570 development fee, $12,920 VRUC fee and $63,650 Greendale fees. No records found of what this was to be in the original plat. This has been waiting since spring for water letters. Greendale is forwarding them to North Dearborn Water- as Greendale BOW does NOT want to revisit their agreement with VRUC.
PC voted to TABLE this request.
ADMINISTRATIVE:
1. 2010 schedule approved
2. Bond status reports passed out
3. Commissioners were all present for the discussion of the issue regarding L&I Construction under Maxwell’s development plan for Park Place. Three homes were without sidewalks and the certif. of occupancies were issued already. L&I failed to respond so stronger wording was used in a letter to them and there was objection to the word moratorium. It was decided by McCormack and the Board to set up a protocol for dealing with recalcitrant developers and builders, when they fail to comply with the plan stipulations for approval. Both Maxwell and eventually L&I complied. Maxwell had legal responsibility and contracted with L&I, who failed to fulfill that particular part of the obligation. Things were amicably settled without going to court and costing taxpayer money. Lehman noted that the cert of occupancy is the hammer really- so building dept and PC have to be together on expectations.
4. Sugar Ridge will be put on Jan agenda as noted previously in this meeting.
5. Comp Plan Advisory Board will meet in Feb sometime to review the Comprehensive Plan.
6. The motion on Linkmeyer approval was clarified for people asking about what area would remain undisturbed.
7. McCormack and the board wished each other Merry Christmas as Good wishes for the New Year.
Meeting adjourned at 9:20 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Hall, Chairman, Kraus, Jr, Lansing, Hoog, Lehman, Hornbach, Nelson, Thompson, and Beiersdorfer ( 20 minutes late)
Also present: McCormack, Plan Director, and McGill, Attorney.
1. Primary approval was requested for a 5-lot replat of lot 175 of the Villages of Sugar Ridge with applicant Land Consultants and Owner McFarland Properties on Augusta Drive in Section 13 of Miller Township on 0.8264 acres. Land is currently zoned as a PUD. The Bright Fire Dept letter has been received and the item came off the table. Discussion briefly reiterated concerns they might use up the extra 3 lots for the entire PUD in sewer taps. McCormack said build out wasn’t near that level yet. Concerns about Augusta Drive needing a top coat and a few minor repairs to be up to county standards were voiced. Costs were estimated in the $130-150,000 range for that work. County does not want taxpayers to end up with that tab as the developer went bankrupt and bonds are lapsed. Each mile of road on county inventory gets $4,000 tax money per year and it will take 100 years to get road money to fix all out roads.
Nelson motioned and Kraus Jr 2nded to approve with Hoog and Thompson voting Nay, Motion passed- replat is approved.
NELSON requested that the PC meet to discuss Sugar Ridge- all concurred. This was set for the January meeting, unless something bigger comes up. They want all residents of Sugar Ridge and Developers there to have access to the discussion.
2. Request for Primary Approval for a 19-lot subdivision called Havencrest with applicant Bayer Becker and owner Larry Rutenschroer on Georgetown Road in Miller Township Section 15 on 11.53 acres. The Land is zoned Residential and surrounded by other residential uses, including HVL. This plat is part of the larger Airy Acres from 1976. Entrance is on Georgetown and homes planned in the $180-280,000 range. Three issues- water service, some slopes > 20% and sidewalk waiver request- as adjoining areas have none for connection. There were about 30 members of the public present for this- none spoke, as it did not get that far. McGill stepped in and told the board there was no way they could approve this tonight, as there is no water service letter in the packet. They could Table it to save the developer a reapplication fee or they could deny it. The developer (Rutenschroer) spoke about his plans and costs including $76,570 development fee, $12,920 VRUC fee and $63,650 Greendale fees. No records found of what this was to be in the original plat. This has been waiting since spring for water letters. Greendale is forwarding them to North Dearborn Water- as Greendale BOW does NOT want to revisit their agreement with VRUC.
PC voted to TABLE this request.
ADMINISTRATIVE:
1. 2010 schedule approved
2. Bond status reports passed out
3. Commissioners were all present for the discussion of the issue regarding L&I Construction under Maxwell’s development plan for Park Place. Three homes were without sidewalks and the certif. of occupancies were issued already. L&I failed to respond so stronger wording was used in a letter to them and there was objection to the word moratorium. It was decided by McCormack and the Board to set up a protocol for dealing with recalcitrant developers and builders, when they fail to comply with the plan stipulations for approval. Both Maxwell and eventually L&I complied. Maxwell had legal responsibility and contracted with L&I, who failed to fulfill that particular part of the obligation. Things were amicably settled without going to court and costing taxpayer money. Lehman noted that the cert of occupancy is the hammer really- so building dept and PC have to be together on expectations.
4. Sugar Ridge will be put on Jan agenda as noted previously in this meeting.
5. Comp Plan Advisory Board will meet in Feb sometime to review the Comprehensive Plan.
6. The motion on Linkmeyer approval was clarified for people asking about what area would remain undisturbed.
7. McCormack and the board wished each other Merry Christmas as Good wishes for the New Year.
Meeting adjourned at 9:20 PM
Christine Brauer Mueller
Lawrenceburg Township
REPUBLICAN CAUCUS SET TO ELECT NEW PARTY CHAIRMAN
The Dearborn County GOP has called a caucus for Dec 29 at 6 PM in the County Adm Bldg. to fill the position of Republican Party Chairman.
Anyone wishing to be considered for the position has to file an official letter of intent with the party secretary- Michelle Fentress- within 72 hours of the caucus.
One minute nomination speeches are allowed and after nominations are closed each candidate gets two minutes to address the caucus. Election is by secret ballot.
Anyone wishing to be considered for the position has to file an official letter of intent with the party secretary- Michelle Fentress- within 72 hours of the caucus.
One minute nomination speeches are allowed and after nominations are closed each candidate gets two minutes to address the caucus. Election is by secret ballot.
Health Care Reform by Chet Wolgamot Manchester Township
With all due respect for Lee Hamilton’s distinguished service to the people of Indiana, if the Democratic display of deceit currently being railroaded through Congress is “What it looks like when Congress does it’s job”, we are in dire straits indeed. We have been blatantly lied to since day one.
“A deficit neutral bill” (taxes for ten years, benefits for six). “Fix Medicare” (proven politically impossible for decades). “No new individual taxes” (tax the insurance companies who must pass on a comparable rate increases). “Cost effective and deficit neutral” (direct the Congressional Budget Office (CBO) to tally only the revenue collected, hide the costs elsewhere). “No benefits for illegal aliens” (but you may not ask for proof of citizenship), et cetera.
After Rep. Joe Wilson R(SC) proclaimed “You lie” at President Obama during his September 9th address to Congress, I wasn’t sure if he was chastised for violating protocol or having the audacity to utter a true statement in the U.S. Capitol.
And then there’s Kathleen Sebelius of Health and Human Services (HHS) scrambling to put the genie back in the bottle after some obscure government office gives us a glimpse of the “ghost of future government health care”. Mammograms before age 50 are unnecessary, when 12 diagnoses and 7 deaths out of every 100 occurrences of breast cancer manifests in women under age 45? Evidently, the mammograms save lives but not enough to be cost effective. HHS’s other reassuring contribution this year has been the long lines at vaccination sites and shortage of H1N1 vaccine.
In a recent N.Y. Times piece1, liberal columnist David Brooks admitted the sideshow of arguing minutiae pervading the halls of Congress is a distraction and the only true question of the legislation is, do we choose to “ease the anxiety of millions at the cost of future growth” with a bill that “would mean that more of the nation’s wealth would be siphoned off from productive uses and shifted into a still wasteful health care system”. This from a liberal!
The “millions” referred to are a combination of those situationally vulnerable who honestly deserve real health care reform and others who find entitlement an attractive alternative to responsibility, a community proven to grow in proportion to any new entitlement availability.
40% of American’s pay absolutely no income tax, some even receiving credits, and constitute a group of some 60 million voters who therefore have no incentive to pass up expensive new benefits or elect those who offer them2. So, from whom will the “nations wealth” be “siphoned off” to subsidize this Democratic Party recruitment drive of our most vulnerable Americans?
The other 60% of us are already keeping the government afloat by adding the tax responsibility of the above mentioned 40% to our own tax burden each year. Now we will be faced with absorbing this additional health care burden with even higher taxes and health insurance premiums.
Another alternative is to reduce the quality of health care now enjoyed by some to provide lesser quality health care in the future for all, exempting Senators and Congressmen of course. Yesterday, Dec. 5th, the Democrat’s passed legislation to cut $400 billion from current Medicare, reducing benefits to seniors on Medicare Advantage Plans. Add this to the mammogram bullet dodged only because it was prematurely announced and you get an idea where the concepts of “death panels” and “rationing” gain momentum.
The other option to make the current level of health care available to everyone without shouldering the additional cost is to add it to the national debt. The downside is that it makes entitlement recipients of all of us at the expense of future generations. Slap it on Uncle Sam’s “Americard” and we have yet one more free lunch. Out of sight, out of mind. Gee kid’s, would you mind picking up the tab for this one too?
However, other countries are tiring of enabling our endemic spending addiction by buying our debt with their wealth. China, for one, is openly questioning whether the U.S. Dollar is sound enough to continue to be the benchmark of the world’s wealth. They have some first hand experience as our children already owe them $797 billion. Congress can raise the federal debt ceiling all they want, but each time fewer and fewer continue to feel “the full faith and credit of the United States Government” is worthy of investment.
The Republican’s minority status renders them powerless to stop this juggernaut. The only salvation is for even a few moderate, sensible Democrats to disown this debacle and force a re-engagement in new sensible legislation that enacts real necessary reform and doesn’t merely expand the entitlement society. Our own two representatives, Senator Evan Bayh and Representative Baron Hill are in the catbird seat as they both have the power to tip the scales with their votes. Pray to God they have the wisdom and fortitude to do so.
Chet Wolgamot
Manchester Township
1 “The Values Question”, N.Y. Times, Nov. 23, 2009
2 “Politifact”, http://www.politifact.com/truth-o-meter/statements/228/
“A deficit neutral bill” (taxes for ten years, benefits for six). “Fix Medicare” (proven politically impossible for decades). “No new individual taxes” (tax the insurance companies who must pass on a comparable rate increases). “Cost effective and deficit neutral” (direct the Congressional Budget Office (CBO) to tally only the revenue collected, hide the costs elsewhere). “No benefits for illegal aliens” (but you may not ask for proof of citizenship), et cetera.
After Rep. Joe Wilson R(SC) proclaimed “You lie” at President Obama during his September 9th address to Congress, I wasn’t sure if he was chastised for violating protocol or having the audacity to utter a true statement in the U.S. Capitol.
And then there’s Kathleen Sebelius of Health and Human Services (HHS) scrambling to put the genie back in the bottle after some obscure government office gives us a glimpse of the “ghost of future government health care”. Mammograms before age 50 are unnecessary, when 12 diagnoses and 7 deaths out of every 100 occurrences of breast cancer manifests in women under age 45? Evidently, the mammograms save lives but not enough to be cost effective. HHS’s other reassuring contribution this year has been the long lines at vaccination sites and shortage of H1N1 vaccine.
In a recent N.Y. Times piece1, liberal columnist David Brooks admitted the sideshow of arguing minutiae pervading the halls of Congress is a distraction and the only true question of the legislation is, do we choose to “ease the anxiety of millions at the cost of future growth” with a bill that “would mean that more of the nation’s wealth would be siphoned off from productive uses and shifted into a still wasteful health care system”. This from a liberal!
The “millions” referred to are a combination of those situationally vulnerable who honestly deserve real health care reform and others who find entitlement an attractive alternative to responsibility, a community proven to grow in proportion to any new entitlement availability.
40% of American’s pay absolutely no income tax, some even receiving credits, and constitute a group of some 60 million voters who therefore have no incentive to pass up expensive new benefits or elect those who offer them2. So, from whom will the “nations wealth” be “siphoned off” to subsidize this Democratic Party recruitment drive of our most vulnerable Americans?
The other 60% of us are already keeping the government afloat by adding the tax responsibility of the above mentioned 40% to our own tax burden each year. Now we will be faced with absorbing this additional health care burden with even higher taxes and health insurance premiums.
Another alternative is to reduce the quality of health care now enjoyed by some to provide lesser quality health care in the future for all, exempting Senators and Congressmen of course. Yesterday, Dec. 5th, the Democrat’s passed legislation to cut $400 billion from current Medicare, reducing benefits to seniors on Medicare Advantage Plans. Add this to the mammogram bullet dodged only because it was prematurely announced and you get an idea where the concepts of “death panels” and “rationing” gain momentum.
The other option to make the current level of health care available to everyone without shouldering the additional cost is to add it to the national debt. The downside is that it makes entitlement recipients of all of us at the expense of future generations. Slap it on Uncle Sam’s “Americard” and we have yet one more free lunch. Out of sight, out of mind. Gee kid’s, would you mind picking up the tab for this one too?
However, other countries are tiring of enabling our endemic spending addiction by buying our debt with their wealth. China, for one, is openly questioning whether the U.S. Dollar is sound enough to continue to be the benchmark of the world’s wealth. They have some first hand experience as our children already owe them $797 billion. Congress can raise the federal debt ceiling all they want, but each time fewer and fewer continue to feel “the full faith and credit of the United States Government” is worthy of investment.
The Republican’s minority status renders them powerless to stop this juggernaut. The only salvation is for even a few moderate, sensible Democrats to disown this debacle and force a re-engagement in new sensible legislation that enacts real necessary reform and doesn’t merely expand the entitlement society. Our own two representatives, Senator Evan Bayh and Representative Baron Hill are in the catbird seat as they both have the power to tip the scales with their votes. Pray to God they have the wisdom and fortitude to do so.
Chet Wolgamot
Manchester Township
1 “The Values Question”, N.Y. Times, Nov. 23, 2009
2 “Politifact”, http://www.politifact.com/truth-o-meter/statements/228/
Monday, December 21, 2009
WANT TO SERVE ON A COUNTY BOARD?
Boards up for reappointment in Dearborn County:
Plan Commission- one member- 4 years [currently Mike Hall]
BZA one appointed by council and one by commissioners- 4 years [currently Jim Deaton and Rick Pope]
Health Board- 2 openings- 4 years [currently Steve Hubbard and Don Rechtin]
Aurora Public Library- 2 appointed by commissioners and one by council- 4 years [currently Roger Rullman, Trina Hetzler, and Ralph Droege]
Cemetery Board- one member- 5 years [currently Lois Harper]
Hospital Board- 2 members – 5 years (one in Jan, one in Mar) [currently Betty Bischoff and Carl Petty]
Alcoholic Beverage Board- one member- 1 year [currently Jim Dole]
911 Communications Board- one member needs commissioner acknowledgement- Fire Dept appoints. [currently Randy Abner]
Convention and Visitor’s Bureau- 5 members- 2 years [currently Ahmad Ahmad, Marilyn Bower, Dee Hacker, Steve Hedges, and Ellen Perfect]
PTABOA (Tax Appeals)- 3 by Commissioners, 2 by Council- 1 year [currently Bill Hartwell, Mark Neff, Ken Maddin, Mary Booker, and Gary Hensley]
Plan Commission- one member- 4 years [currently Mike Hall]
BZA one appointed by council and one by commissioners- 4 years [currently Jim Deaton and Rick Pope]
Health Board- 2 openings- 4 years [currently Steve Hubbard and Don Rechtin]
Aurora Public Library- 2 appointed by commissioners and one by council- 4 years [currently Roger Rullman, Trina Hetzler, and Ralph Droege]
Cemetery Board- one member- 5 years [currently Lois Harper]
Hospital Board- 2 members – 5 years (one in Jan, one in Mar) [currently Betty Bischoff and Carl Petty]
Alcoholic Beverage Board- one member- 1 year [currently Jim Dole]
911 Communications Board- one member needs commissioner acknowledgement- Fire Dept appoints. [currently Randy Abner]
Convention and Visitor’s Bureau- 5 members- 2 years [currently Ahmad Ahmad, Marilyn Bower, Dee Hacker, Steve Hedges, and Ellen Perfect]
PTABOA (Tax Appeals)- 3 by Commissioners, 2 by Council- 1 year [currently Bill Hartwell, Mark Neff, Ken Maddin, Mary Booker, and Gary Hensley]
Wednesday, December 16, 2009
15 December 2009 Dearborn County Commissioner Meeting Notes
15 December 2009 Dearborn County Commissioner Meeting Notes
Present: Thompson, President, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
OLD BUSINESS:
1. Hogan Water Corp – removed from tabled list – they have not recontacted the county.
2. East Fork Road- removed from tabled list- all notified of INDOT’s stance on the intersection at SR1.
3. Happy Hollow remains tabled until January.
4. Assessor’s contract signed with Tyler Appraisal and Tax Solutions after Witte had reviewed and corrected it.
NEW BUSINESS:
1. Sheriff Lusby sent the matron- Tammy Wismann- to request keeping all bids for the commissary. Approved.
2. Mike Rozow- Chamber of Commerce had the annual contract signed. Hughes asked about Maynard Barrett’s absence at the Chamber’s meeting and Rozow stated he was in the hospital.
3. Ruth Ann Batta- Summer Arts Program- was not present- no decision.
4. Bob Hrezo Engineering- presented information on the Shumway building as part of the Justice Center project. He said they have experience with the building under previous owners. He also told Commissioners it is a solid building and does not need to be torn down despite a couple issues. He stressed that his company was local and wanted locals to get the business. Thompson noted that RQAW is doing the analysis of the building “free” with the charette price set up by Council. No decision.
5. Mark McCormack- Plan Director presented the zone change for the land behind Walmart and above Wilson Creek owned by Linkmeyer and Dearborn Development. Nick Roth was the only public speaking at the hearing on the zone change. He emphasized the drainage issues below this development, the idea that there are better places to put multifamily than on a steep hillside, and that if Lawrenceburg gets this annexed then the stipulations may or may not be followed. There are 64 units planned on 16 acres. The hurry is because a grant that is only offered annually is due Dec 18. Mike Hall Surveyor- stated he worked on the Wilson Creek issues with Walmart years ago and he has all the permits needed by state and DNR for the current development work.
Nick Roth stressed that the geotech should be done in advance of the zone change in case they say it’s unbuildable. He had shown the hill to his father who was appraiser for Turner Construction. He wanted to know how this was RESPONSIBLE development, does it help Lawrenceburg and the community, and does it conserve property values.
At that- Jason Christopher ( sp?) geotech for the project stated that they needed construction drawings before they commenced geotech borings but that the area laid out is definitely buildable as long as they do it on drill piers. It depends on how much money you want to spend. [ NOTE: This did not sound like a rousing cheer for the project. In fact – if they need a grant to proceed- then why do expensive piers etc?] He went on to talk about gray shale under the clay. Roth said that will deteriorate, as it did behind the strip malls of Anevski’s on US 50. Jason said that was because of the clay washing off in heavy rains before the straw and seed was applied and the clay didn’t have time to mesh with the shale. He suggested putting in structured 8-10 “ lifts with the powdered shale., etc. and stated the retention ponds should help out a lot.
Commissioners decided to rezone with the same conditions addressed BEFORE construction occurs. The motion as outlined by Thompson and placed by Orschell and 2nded by Hughes was: to approve because it loosely adheres to the master plan, it is similar to uses adjacent to it, it is desirable as matching Lawrenceburg development, the construction will be OK if contained and controlled and it extends the development along the fringe of currently developed areas. They waived the reading of the formal ordinance. All ayes- passed.
The Wind Energy Ordinance passed unanimously with little further discussion. [ NOTE: That ordinance will be posted before these notes on the blog.]
McCormack also invited the commissioners to the Dec 21st meeting and advertised that they might all be in attendance. This is to discuss the issues with permits that Hughes brought up last meeting.
6. Reaction PC Maintenance agreement was presented- Commissioners took it to review for Jan meeting. David Wyly recommended they use the flat rate the first year to budget easier and take in all the training at a reduced rate. FX Design is on board with producing a seamless transition to the new website, which will be up by Feb.
7. OKI 2010 agreement signed for $16,495- based on our population numbers.
Todd Listerman- Highway Director- gave a record 6- minute update-
The county accepted all bids for fuel, aggregates, and asphalt to be used at the director’s discretion.
Commissioners signed off on the Old SR 52 project form ICC639 as we were the local project adm ( LPA) on this. INDOT already signed off.
Pickens- Claims and minutes were signed.
Witte- Attorney- reported that 2 tort claims were filed on crashes where the county’s liability is probably zero. The county was also named in 2 mortgage foreclosures.
Commissioners closed on the Randall Avenue property last week.
Witte has talked to Votaw- L-bg’s attorney- the city is willing to transfer the Shumway building, but wants to know what the project will be and will look like before they do.
Witte had an unusual request last week regarding a small filming company that wants to get the requirements for filming here. He stressed to them that they needed to get their lawyer to check all state requirements and any accessory permits needed if they set up food for the crews etc. They want to film part if this at CONCEPTS ( so-called Gentlemen’s Club) in Lawrenceburg. (That brought laughter)
Witte has helped Mike Hornbach at PU Ext Office in Aurora with their bldg lease. The county pays that.
Homeland Security District 9 hired an independent contractor- Tracy Lightfield and Witte revised the contract to reflect the insurance she will carry. Signed.
CBDG- Community Block Dev Grant for Region 15 Children’s Advocacy Center in Dillsboro- Was signed with commissioners hearing also about how the county is responsible for the audits to be sure the money is used for what they are supposed to use it for. County is designating SEIRPC as their auditing agent.
Pickens asked Witte to come back- he had a question for him. Witte joked- Do you want to know how to get a role in the movie? ( laughter)
Pickens replied that it was about auditor’s new job, as the trustees no longer do it, regarding slaughter values of livestock form dog kills or coyotes etc. Witte was approved by commissioners to check into these new laws.
Orschell asked Commissioners if they would consider leasing property on Randall Ave ( to the Animal Shelter) Yes.
He also asked about county coordinator. Thompson said Council is talking about defunding the position for the following year. They don’t want to hire someone and have them lose the job due to funding issues. Waiting till Council meets in 2010 to get that settled.
PUBLIC COMMENT:
Todd Listerman asked if they will have a set date for claims- Cary said yes.
Tim from T-4 Construction asked about the PAWS shelter and the maintenance budget for the building- he had some ideas on energy saving ( perhaps with his windmills) Orschell told him they are still negotiating this building.
Thompson wished everyone a Merry Christmas as this is the last meeting of 2009.
Next meeting is Jan 5 7 PM in Commissioners Room.
Meeting adjourned at 9:40 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Thompson, President, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
OLD BUSINESS:
1. Hogan Water Corp – removed from tabled list – they have not recontacted the county.
2. East Fork Road- removed from tabled list- all notified of INDOT’s stance on the intersection at SR1.
3. Happy Hollow remains tabled until January.
4. Assessor’s contract signed with Tyler Appraisal and Tax Solutions after Witte had reviewed and corrected it.
NEW BUSINESS:
1. Sheriff Lusby sent the matron- Tammy Wismann- to request keeping all bids for the commissary. Approved.
2. Mike Rozow- Chamber of Commerce had the annual contract signed. Hughes asked about Maynard Barrett’s absence at the Chamber’s meeting and Rozow stated he was in the hospital.
3. Ruth Ann Batta- Summer Arts Program- was not present- no decision.
4. Bob Hrezo Engineering- presented information on the Shumway building as part of the Justice Center project. He said they have experience with the building under previous owners. He also told Commissioners it is a solid building and does not need to be torn down despite a couple issues. He stressed that his company was local and wanted locals to get the business. Thompson noted that RQAW is doing the analysis of the building “free” with the charette price set up by Council. No decision.
5. Mark McCormack- Plan Director presented the zone change for the land behind Walmart and above Wilson Creek owned by Linkmeyer and Dearborn Development. Nick Roth was the only public speaking at the hearing on the zone change. He emphasized the drainage issues below this development, the idea that there are better places to put multifamily than on a steep hillside, and that if Lawrenceburg gets this annexed then the stipulations may or may not be followed. There are 64 units planned on 16 acres. The hurry is because a grant that is only offered annually is due Dec 18. Mike Hall Surveyor- stated he worked on the Wilson Creek issues with Walmart years ago and he has all the permits needed by state and DNR for the current development work.
Nick Roth stressed that the geotech should be done in advance of the zone change in case they say it’s unbuildable. He had shown the hill to his father who was appraiser for Turner Construction. He wanted to know how this was RESPONSIBLE development, does it help Lawrenceburg and the community, and does it conserve property values.
At that- Jason Christopher ( sp?) geotech for the project stated that they needed construction drawings before they commenced geotech borings but that the area laid out is definitely buildable as long as they do it on drill piers. It depends on how much money you want to spend. [ NOTE: This did not sound like a rousing cheer for the project. In fact – if they need a grant to proceed- then why do expensive piers etc?] He went on to talk about gray shale under the clay. Roth said that will deteriorate, as it did behind the strip malls of Anevski’s on US 50. Jason said that was because of the clay washing off in heavy rains before the straw and seed was applied and the clay didn’t have time to mesh with the shale. He suggested putting in structured 8-10 “ lifts with the powdered shale., etc. and stated the retention ponds should help out a lot.
Commissioners decided to rezone with the same conditions addressed BEFORE construction occurs. The motion as outlined by Thompson and placed by Orschell and 2nded by Hughes was: to approve because it loosely adheres to the master plan, it is similar to uses adjacent to it, it is desirable as matching Lawrenceburg development, the construction will be OK if contained and controlled and it extends the development along the fringe of currently developed areas. They waived the reading of the formal ordinance. All ayes- passed.
The Wind Energy Ordinance passed unanimously with little further discussion. [ NOTE: That ordinance will be posted before these notes on the blog.]
McCormack also invited the commissioners to the Dec 21st meeting and advertised that they might all be in attendance. This is to discuss the issues with permits that Hughes brought up last meeting.
6. Reaction PC Maintenance agreement was presented- Commissioners took it to review for Jan meeting. David Wyly recommended they use the flat rate the first year to budget easier and take in all the training at a reduced rate. FX Design is on board with producing a seamless transition to the new website, which will be up by Feb.
7. OKI 2010 agreement signed for $16,495- based on our population numbers.
Todd Listerman- Highway Director- gave a record 6- minute update-
The county accepted all bids for fuel, aggregates, and asphalt to be used at the director’s discretion.
Commissioners signed off on the Old SR 52 project form ICC639 as we were the local project adm ( LPA) on this. INDOT already signed off.
Pickens- Claims and minutes were signed.
Witte- Attorney- reported that 2 tort claims were filed on crashes where the county’s liability is probably zero. The county was also named in 2 mortgage foreclosures.
Commissioners closed on the Randall Avenue property last week.
Witte has talked to Votaw- L-bg’s attorney- the city is willing to transfer the Shumway building, but wants to know what the project will be and will look like before they do.
Witte had an unusual request last week regarding a small filming company that wants to get the requirements for filming here. He stressed to them that they needed to get their lawyer to check all state requirements and any accessory permits needed if they set up food for the crews etc. They want to film part if this at CONCEPTS ( so-called Gentlemen’s Club) in Lawrenceburg. (That brought laughter)
Witte has helped Mike Hornbach at PU Ext Office in Aurora with their bldg lease. The county pays that.
Homeland Security District 9 hired an independent contractor- Tracy Lightfield and Witte revised the contract to reflect the insurance she will carry. Signed.
CBDG- Community Block Dev Grant for Region 15 Children’s Advocacy Center in Dillsboro- Was signed with commissioners hearing also about how the county is responsible for the audits to be sure the money is used for what they are supposed to use it for. County is designating SEIRPC as their auditing agent.
Pickens asked Witte to come back- he had a question for him. Witte joked- Do you want to know how to get a role in the movie? ( laughter)
Pickens replied that it was about auditor’s new job, as the trustees no longer do it, regarding slaughter values of livestock form dog kills or coyotes etc. Witte was approved by commissioners to check into these new laws.
Orschell asked Commissioners if they would consider leasing property on Randall Ave ( to the Animal Shelter) Yes.
He also asked about county coordinator. Thompson said Council is talking about defunding the position for the following year. They don’t want to hire someone and have them lose the job due to funding issues. Waiting till Council meets in 2010 to get that settled.
PUBLIC COMMENT:
Todd Listerman asked if they will have a set date for claims- Cary said yes.
Tim from T-4 Construction asked about the PAWS shelter and the maintenance budget for the building- he had some ideas on energy saving ( perhaps with his windmills) Orschell told him they are still negotiating this building.
Thompson wished everyone a Merry Christmas as this is the last meeting of 2009.
Next meeting is Jan 5 7 PM in Commissioners Room.
Meeting adjourned at 9:40 PM
Christine Brauer Mueller
Lawrenceburg Township
WIND ENERGY CONVERSION SYSTEMS- NEW ORDINANCE for PLANNING
BOARD OF COMMISSIONERS OF DEARBORN COUNTY
RESOLUTION NO. ____ OF 2009
Ordinance to Enact Article 18 of the Dearborn County Zoning Ordinance and Incorporate into the Dearborn County Zoning Ordinance
An Ordinance to enact Article 18 of the Dearborn County Zoning Ordinance with the proposed text for Article 18 attached hereto and incorporated by reference as Exhibit “A”, and to amend the Dearborn County Zoning Ordinance to include the new Article 18.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, the Board of Commissioners of Dearborn County recognize a need to enact zoning regulations for the emerging technology subject matter of Wind Energy Conversion Systems; and
WHEREAS, the Dearborn County Plan Commission unanimously recommends that the Dearborn County Board of Commissioners establish regulations governing Wind Energy Conversion System; and
WHEREAS, the Dearborn County Plan Commission has drafted and approved proposed text for Article 18 which is attached hereto as Exhibit “A”; and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as Article 18 of the Dearborn County Zoning Ordinance, and furthermore that the Dearborn County Zoning Ordinance is amended to include the newly enacted Article 18 in its entirety.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
ARTICLE 18
WIND ENERGY CONVERSION SYSTEMS
Section 1800 – Purpose & Intent
The purpose of this Article is to regulate the placement, construction, and modification of Mini WECS, SWECS, and Wind Energy Conversion Systems (WECS) in Dearborn County. The regulations set forth herein have been formulated to facilitate economic opportunities for the local economy and to protect the health, safety, and general welfare of the public as these improvements are commissioned. The provisions of this Article will:
1. Establish a reasonable and efficient process for the review and approval of Mini WECS, SWECS, and WECS applications;
2. Prescribe required distances for setbacks for Mini WECS, SWECS, and WECS from buildings, property lines, and easements;
3. Institute minimum performance regulations for Mini WECS, SWECS, and Wind Energy Conversion Systems;
4. Create standards for the removal of Mini WECS, SWECS, and WECS and their appurtenant structures.
Section 1802 – Definitions
For the purposes of this Ordinance, the defined words, terms, phrases, abbreviations, and their derivations shall have the meanings given in this Section.
“Mini Wind Energy Conversion System” or “Mini WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity less than ten (10) kW and a system height of less than forty-five feet (45’). For the purposes of this Ordinance, a roof-mounted structure shall be considered a Mini WECS if it meets the rated capacity and height requirements set forth in this Section. Only one (1) Mini Wind Energy Conversion System may be permitted per principle structure. Mini WECS shall be considered an accessory use in all Zoning Districts.
“Small Wind Energy Conversion System” or “SWECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of less than, or equal to, one-hundred (100) kW and a system height of less than eighty feet (80’). Only one (1) Small Wind Energy Conversion System may be permitted per principle structure. SWECS shall be considered a Principally Permitted Use in all agricultural, (A), commercial (B-1, B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Residential Districts.
“Wind Energy Conversion System” or “WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of more than one-hundred (100) kW or a system height of more than eighty feet (80’). WECS shall be considered a Principally Permitted Use in intense commercial (B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Agricultural (A), Residential (R), and Restricted Business (B-1) Districts.
“Applicant” means the entity or person who submits to the County, pursuant to this Article, an application for the siting of any WECS or substation or thereafter operates or owns a WECS.
“Financial Assurance” means an insurance performance bond or one irrevocable, unconditional letter of credit, either one of which must be obtained from a single financial institution licensed in the State of Indiana.
"Free Fall Area" means the area in the shape of a circle surrounding the WECS whose radius is the height of the structure plus ten percent (10%) of the height of the WECS or structure.
“Modification” means the addition, removal or change of any of the physical and visually discernable components or aspects of a Wind Energy Conversion System. A modification shall not include the replacement of any components of a Wind Energy Conversion System where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a Wind Energy Conversion System without addition, removal or discernable change.
“Operator” means the entity responsible for the day-to-day operation and maintenance of the WECS, including any third party subcontractors.
“Owner” means the entity or entities with an equity interest in the WECS, including their respective successors and assigns.
“Permit” means a Zoning Permit, unless specifically noted otherwise in this Article.
“Professional Engineer” means a qualified individual who is licensed as a professional engineer in the State of Indiana.
“Primary Structure” means, for each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. Primary Structure includes structures such as residences, commercial buildings, hospitals, and day care facilities. Primary Structure excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.
“State” means the State of Indiana.
“WECS Project” means the collection of WECSs and substations as specified in the siting approval application pursuant to this Ordinance.
“WECS Tower” or “Tower” means the support structure to which the nacelle and rotor are attached, free standing or guyed structure that supports a wind turbine generator.
“WECS Tower Height” means the distance from the rotor blade at its highest point to the top surface of the WECS foundation.
Section 1804 – Wind Energy Conversion Systems Not Requiring a Zoning Permit
Mini WECS or SWECS structures may be established to serve an existing agricultural use. These structures may not exceed 45 feet in height and must be situated fifty (50) feet from both all property lines and overhead utility easements to be exempt from the provisions set forth later in this Article. Although a Zoning Permit may not be required for Mini WECS or SWECS and appurtenant structures of this type, a Building Permit is required and must be applied for and approved prior to any site work.
Section 1806 – General Requirements for all Wind Energy Conversion Systems
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. All applicants shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted system in strict compliance with all current applicable technical, safety and safety-related codes adopted by Dearborn County, the State of Indiana, or the United States. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply;
2. All applicants shall obtain, at their own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by Dearborn County or any other governmental entity or agency having jurisdiction over the applicant;
3. All applicants shall notify the County of any intended modification of a Mini WECS, SWECS, or Wind Energy Conversion System and shall apply to the County to modify the height, relocate or rebuild such structure;
4. All Wind Energy Conversion Systems shall conform to applicable industry standards of the American National Standards Institute (ANSI) and be approved by a wind certification program recognized by the American Wind Energy Association. All WECS that are over twenty-five (25) feet in height must be designed by a professional engineer. The engineer must certify that the foundation and tower constructed for the Wind Energy Conversion System is within acceptable code and industry standards—given local soil and climate conditions.
SECTION 1808 - Required Zoning Permit
All applicants involving a new Mini WECS, SWECS, or Wind Energy Conversion System, or an existing Mini WECS, SWECS, or Wind Energy Conversion System that involves a visible modification, are required to obtain the proper permit that is in accordance with the requirements of this Article. The individual zoning district articles indicate whether a Wind Energy Conversion System is a Principally Permitted Use or Conditional Use, which determines the required process. All Mini WECS and SWECS that are considered Principally Permitted Uses shall follow the Plot Plan Review procedure as detailed in Article 17 of this Ordinance. All WECS shall follow the Site Plan Review procedure as detailed in Article 23 of this Ordinance, in addition to a Conditional Use process, if necessary. All Conditional Uses shall follow the Conditional Use procedure as detailed in Article 3. Applications for the modification of an existing structure that does not increase the overall height or appearance shall be considered a Principally Permitted Use. If it is determined that the application meets the purpose and intent of this Article, the application shall be approved. If it is determined that the application does not meet the purpose and intent of this Article, the application shall be denied with the specific reasons detailed.
No Wind Energy Conversion System of any type shall be installed or constructed until the application is reviewed and approved by the County, and a permit has been issued. The County may at its discretion delegate or designate other official agencies to accept, review, analyze, evaluate and make recommendations with respect to the approval, or denial, of proposed Wind Energy Conversion System. Any permit issued for Wind Energy Conversion System shall not be assigned, transferred or conveyed without the express prior written notification to the County.
SECTION 1810 - Pre-Application Meeting
Prior to the submittal of an application that does not involve an exempt Mini WECS or SWECS structure, the applicant is required to contact the County and its designated representatives to schedule a pre-application meeting. The purpose of this meeting is to address potential issues, which will help expedite the review and permitting process. The pre-application meeting shall include a site visit, if there has not been a prior site visit for the proposed site. It shall also be determined at the pre-application meeting, the number of copies necessary for the applicant to submit a completed application. The applicant shall pay any and all costs that are associated with the preparation and attendance of the pre-application meeting.
SECTION 1812 – Zoning Application Requirements
All applications for Mini WECS, SWECS, or Wind Energy Conversion Systems, or any modification of such facility, shall comply with the requirements set forth in this Section. Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the County. The applicant shall be required to perform the following actions:
• Sign the application with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. Any individual signing the application shall be an authorized individual of the applicant. The landowner, if different than the applicant, shall also sign the application.
• Submit the following statement in writing:
• "The proposed Mini WECS, SWECS, or Wind Energy Conversion System shall be maintained in a safe manner, and in compliance with all conditions of the Permit, without exception, unless specifically granted relief by the County in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and Federal Laws, rules, and regulations."
All applications for the construction or installation of new Mini WECS, SWECS, or Wind Energy Conversion Systems shall contain the information set forth in this Section. Where a certification is required, such certification shall bear the signature and seal of a professional engineer. At the discretion of the County, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
Applicants must submit all of the information required to obtain a Major Plot Plan Zoning Permit, as referenced in Article 17, Section 1720 of the Dearborn County Zoning Ordinance, to the Dearborn County Plan Commission. In addition to the information required to obtain a Zoning Permit, the applicant shall provide all of the information that is necessary to obtain a Conditional Use Permit from the Dearborn County Board of Zoning Appeals, if applicable.
Information that is also relevant to the following items must also be specifically supplied:
1. The location of all above-ground utility lines within a radius equal to two (2) times the height of the proposed Mini WECS, SWECS, or WECS;
2. The location of all underground utility lines associated with the project site;
3. Dimensional representation of the structural components of the tower construction including the base and footings;
4. Manufacturer’s specifications and installation and operation instructions or specific Mini WECS, SWECS, or WECS design information;
5. Certification by a registered professional engineer that the tower design, including all footers, is sufficient to meet all County, State, and Federal requirements;
6. Information relevant to any existing, or anticipated, access easements or utility easements;
7. Acknowledgement that no appurtenances other than those associated with the wind turbine operations may be connected to any wind tower except with express, written permission by the BZA;
8. A transportation plan showing how vehicles would access the site and describing the impacts of the proposed energy project on the local and regional road system during construction and operation;
9. A re-vegetation plan that restores areas temporarily disturbed during construction;
10. For all Mini WECS, SWECS, or WECS sites involving one (1) acre or more of land disturbance, a drainage and erosion control plan must also be developed in consultation with the Dearborn County Soil and Water Conservation District.
SECTION 1814 - Location of Wind Energy Conversion Systems
An application for a Mini WECS, SWECS, or Wind Energy Conversion System may be approved in any zoning district of Dearborn County, provided that County officials find that the proposed site does not interfere with the health, safety and welfare of the County and its inhabitants and will not have a harmful effect on the nature and character of the community and neighborhood.
Notwithstanding that a potential application may require approval for a Conditional Use, the County may disapprove an application for any of the following reasons:
1. Conflict with safety and safety-related codes and requirements;
2. Conflict with the historic nature or character of a neighborhood or historical district;
3. Conflict with a purpose of an existing, specific zoning or land use designation;
4. The placement and location of Wind Energy Conversion System which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the County, or employees of the service provider or other service providers;
5. Conflicts with the provisions of this ordinance.
SECTION 1816 - Structure Design and Construction
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. The foundation and attachments shall meet all local, County, State and Federal structural requirements for loads, including wind and ice loads;
2. All utilities at a Mini WECS, SWECS, or Wind Energy Conversion Systems site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the County;
3. Mini WECS, SWECS, Wind Energy Conversion Systems, and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings;
4. At SWECS or Wind Energy Conversion System project sites, an acceptable access and turn-around area shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
SECTION 1818 - Height and Clearances of Wind Energy Conversion Systems
Mini WECS must have a system height of less than forty-five (45) feet.
No Wind Energy Conversion System Tower constructed after the effective date of this Ordinance, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, County, State, and/or any Federal statute, law, ordinance, code, rule or regulation.
The minimum distance between the ground and any protruding blade(s) utilized on a Mini WECS, SWECS, or WECS shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. This minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.
SECTION 1820 - Appearance and Visibility of all Wind Energy Conversion Systems
All Mini WECS, SWECS, or Wind Energy Conversion Systems and their appurtenant structures shall be designed to minimize the adverse visual impacts of its surroundings. Specifically:
1. Mini WECS, SWECS, or Wind Energy Conversion Systems shall not be artificially lighted or marked, except as required by law.
2. All Mini WECS, SWECS, WECS and supporting structures must consist of a non-reflective, unobtrusive color—usually gray or white. No advertising signage shall be permitted; however, the manufacturer’s identification with ratings is allowed.
3. If lighting is required, the Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations.
SECTION 1822 - Security of Wind Energy Conversion Systems
All Mini WECS, SWECS, and Wind Energy Conversion Systems and their appurtenant structures shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically, all Mini WECS, SWECS, and WECS and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with.
SECTION 1824 - Signage
All Wind Energy Conversion Systems and their appurtenant structures shall contain a sign no larger than four (4) square feet in order to provide the name(s) of the owner(s) and operator(s) of the WECS as well as emergency phone number(s). This sign shall be visible from the access point of the site and shall not be lighted, unless lighting is required by applicable law, rule or regulation. A four (4) square-foot warning sign concerning voltage must also be placed at the base of all pad-mounted transformers and substations in a conspicuous location. No other signage, including advertising, shall be permitted.
SECTION 1826 - Lot Size and Setbacks
All proposed Mini WECS, SWECS, or Wind Energy Conversion Systems shall be set back from abutting parcels, recorded rights-of-way and existing or anticipated access or utility easements by the greater of the following distances: A distance equal to the height of the proposed Mini WECS, SWECS, or WECS structure plus ten percent (10%) of the height of the supporting structure, or the existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. Structures that are not being used in conjunction with the Mini WECS, SWECS, or Wind Energy Conversion Systems, with the exception of accessory structures, shall not be located within the free fall area unless otherwise approved by the Board of Zoning Appeals.
A transfer of ownership of an adjacent lot, held in combination and under common ownership at the time of Mini WECS, SWECS, or WECS installation, shall include a grant of easement equal to the required off-site setback encroachment; approved by the Planning Director; and recorded with the Dearborn County Recorder’s Office to run with the deed.
SECTION 1832 – Maintenance & Inspections
The owner or operator of a WECS must submit, on an annual basis, a summary of the operation and maintenance reports to the County. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the County reasonably requests. Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification by a professional Engineer licensed in the State of Indiana and it shall be necessary to apply for both a Zoning Permit and a Building Permit.
The Dearborn County Planning Director and Building Commissioner will be responsible for contacting all owners or operators of a WECS that does not meet local, State, or Federal codes and regulations. Once notified in writing, the owner or operator of a WECS will be required to address any repairs or alterations within thirty (30) days after receiving notice—or within a longer period of time mutually acceptable to both parties. During this time period, the owner or operator of a WECS may retain a licensed 3rd party professional engineer familiar with WECS systems to prepare and submit to the appropriate Dearborn County officials a written report which addresses the repairs or alterations required, and which suggests alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary. The Dearborn County Planning Director and Building Commissioner will consider any such written report and determine whether the repairs or alterations should be made as originally requested, or as suggested in the written report.
SECTION 1834 - Liability Insurance
The owner or operator of any WECS will provide proof of liability coverage; shall maintain a current general liability policy covering bodily injury and property damage; and may be required to name Dearborn County as an additional insured with dollar amount limits per occurrence, in the aggregate, and a deductible, which is suitable and in a form acceptable to the Dearborn County Plan Commission Attorney.
SECTION 1836 - Indemnification
Any application for Wind Energy Conversion Systems that is proposed for County property, pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the County, and its officers, boards, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said WECS, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the County, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness fees are included in those costs that are recoverable by the County. An indemnification provision will not be required in those instances where the County itself applies for and secures a permit for WECS.
SECTION 1838 - Removal of Wind Energy Conversion Systems
The holder of a permit for a Mini WECS, SWECS, or Wind Energy Conversion System, or its successors or assigns, shall dismantle and remove such facilities, and all associated structures, from the site and restore the site to as close to its original condition as is possible, if at any time any of the following apply:
1. The system has been abandoned for a period of one hundred-eighty (180) days in any three hundred-sixty five (365) day period. For properties involving foreclosure, vacant residential structures, or for other unusual or extreme circumstances, a waiver may be requested to extend this time period. All waiver requests of this specific type must be submitted in writing to the Planning Director and may be issued only if the waiver is determined to be necessary and if the requested waiver does not adversely affect the other requirements of this Article;
2. The system falls into such a state of disrepair that it creates a health or safety hazard;
3. The system has been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required permit, or any other necessary authorization;
4. The Board of Zoning Appeals determines that the health, safety, and welfare interests of the County warrant and require the removal of the Mini WECS, SWECS, or Wind Energy Conversion System.
SECTION 1840 - Avoidance and Mitigation of Damages to Public Infrastructure
Applicants of all Wind Energy Conversion Systems shall identify all roads to be used for the purpose of transporting system materials, parts, and / or equipment for the construction, operation, or maintenance of the WECS and shall:
1. Conduct a pre-construction baseline survey in coordination with the impacted transportation authorities to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility as the WECS is being constructed;
2. Obtain any applicable weight and size permits from all impacted transportation authorities prior to construction;
3. Prepare a written statement that acknowledges that the Applicant will be responsible for addressing on-going road maintenance, drainage, erosion control, or dust issues identified by the Dearborn County Engineer, the Indiana Department of Transportation (INDOT), the Indiana Department of Environmental Management (IDEM), or another applicable public agent during all phases of the construction process. All such issues must be addressed in the prescribed time(s) and manner(s) set forth by the applicable governmental entity.
SECTION 1842 - Variances
Any requirement of this Article may receive a variance by the Board of Zoning Appeals if it is determined that such action is warranted given the nature of an individual project and such action will serve to preserve the purpose and intent of these regulations.
BOARD OF COMMISSIONERS OF DEARBORN COUNTY
RESOLUTION NO. ____ OF 2009
Ordinance to Amend and Insert Cross-References to Article 18 into
the Dearborn County Zoning Ordinance An Ordinance to amend and insert cross-references to Article 18 into the Dearborn County Zoning Ordinance with the proposed text insertions attached hereto and incorporated by reference as Exhibit “A”.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, on December 15 2009, the Board of Commissioners of Dearborn County enacted Article 18 to cover the emerging topic of Wind Energy Conversion Systems; and
WHEREAS, it is necessary to cross-reference the newly created Article 18 into the existing Articles of the current Dearborn County Zoning Ordinance in order to have a complete and functional source of regulation; and
WHEREAS, the Dearborn County Plan Commission has determined that cross-referencing of the newly created Article 18 is necessary in the following Articles and Section of the Dearborn County Zoning Ordinance:
Article 9, Section 930(20)
Article 10, Section 1030(14)
Article 11, Section 1125(14)
Article 11, Section 1155(24)
Article 13, Section 1304
and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as insertions into the respective Articles and Sections as enumerated of the Dearborn County Zoning Ordinance.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
Article 9, Section 930 (20)
20. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 10, Section 1030 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1125 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1155 (24)
24. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 13, Section 1304 (38)
38. Wind energy conversion systems.
RESOLUTION NO. ____ OF 2009
Ordinance to Enact Article 18 of the Dearborn County Zoning Ordinance and Incorporate into the Dearborn County Zoning Ordinance
An Ordinance to enact Article 18 of the Dearborn County Zoning Ordinance with the proposed text for Article 18 attached hereto and incorporated by reference as Exhibit “A”, and to amend the Dearborn County Zoning Ordinance to include the new Article 18.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, the Board of Commissioners of Dearborn County recognize a need to enact zoning regulations for the emerging technology subject matter of Wind Energy Conversion Systems; and
WHEREAS, the Dearborn County Plan Commission unanimously recommends that the Dearborn County Board of Commissioners establish regulations governing Wind Energy Conversion System; and
WHEREAS, the Dearborn County Plan Commission has drafted and approved proposed text for Article 18 which is attached hereto as Exhibit “A”; and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as Article 18 of the Dearborn County Zoning Ordinance, and furthermore that the Dearborn County Zoning Ordinance is amended to include the newly enacted Article 18 in its entirety.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
ARTICLE 18
WIND ENERGY CONVERSION SYSTEMS
Section 1800 – Purpose & Intent
The purpose of this Article is to regulate the placement, construction, and modification of Mini WECS, SWECS, and Wind Energy Conversion Systems (WECS) in Dearborn County. The regulations set forth herein have been formulated to facilitate economic opportunities for the local economy and to protect the health, safety, and general welfare of the public as these improvements are commissioned. The provisions of this Article will:
1. Establish a reasonable and efficient process for the review and approval of Mini WECS, SWECS, and WECS applications;
2. Prescribe required distances for setbacks for Mini WECS, SWECS, and WECS from buildings, property lines, and easements;
3. Institute minimum performance regulations for Mini WECS, SWECS, and Wind Energy Conversion Systems;
4. Create standards for the removal of Mini WECS, SWECS, and WECS and their appurtenant structures.
Section 1802 – Definitions
For the purposes of this Ordinance, the defined words, terms, phrases, abbreviations, and their derivations shall have the meanings given in this Section.
“Mini Wind Energy Conversion System” or “Mini WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity less than ten (10) kW and a system height of less than forty-five feet (45’). For the purposes of this Ordinance, a roof-mounted structure shall be considered a Mini WECS if it meets the rated capacity and height requirements set forth in this Section. Only one (1) Mini Wind Energy Conversion System may be permitted per principle structure. Mini WECS shall be considered an accessory use in all Zoning Districts.
“Small Wind Energy Conversion System” or “SWECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of less than, or equal to, one-hundred (100) kW and a system height of less than eighty feet (80’). Only one (1) Small Wind Energy Conversion System may be permitted per principle structure. SWECS shall be considered a Principally Permitted Use in all agricultural, (A), commercial (B-1, B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Residential Districts.
“Wind Energy Conversion System” or “WECS” means the system by which wind energy is converted to electricity using a wind turbine, tower, support system, blades, and associated control and conversion electronics which has a rated capacity of more than one-hundred (100) kW or a system height of more than eighty feet (80’). WECS shall be considered a Principally Permitted Use in intense commercial (B-2, H-1) and industrial (M-1, M-2, M-3) zones and as a Conditional Use in all Agricultural (A), Residential (R), and Restricted Business (B-1) Districts.
“Applicant” means the entity or person who submits to the County, pursuant to this Article, an application for the siting of any WECS or substation or thereafter operates or owns a WECS.
“Financial Assurance” means an insurance performance bond or one irrevocable, unconditional letter of credit, either one of which must be obtained from a single financial institution licensed in the State of Indiana.
"Free Fall Area" means the area in the shape of a circle surrounding the WECS whose radius is the height of the structure plus ten percent (10%) of the height of the WECS or structure.
“Modification” means the addition, removal or change of any of the physical and visually discernable components or aspects of a Wind Energy Conversion System. A modification shall not include the replacement of any components of a Wind Energy Conversion System where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a Wind Energy Conversion System without addition, removal or discernable change.
“Operator” means the entity responsible for the day-to-day operation and maintenance of the WECS, including any third party subcontractors.
“Owner” means the entity or entities with an equity interest in the WECS, including their respective successors and assigns.
“Permit” means a Zoning Permit, unless specifically noted otherwise in this Article.
“Professional Engineer” means a qualified individual who is licensed as a professional engineer in the State of Indiana.
“Primary Structure” means, for each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. Primary Structure includes structures such as residences, commercial buildings, hospitals, and day care facilities. Primary Structure excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.
“State” means the State of Indiana.
“WECS Project” means the collection of WECSs and substations as specified in the siting approval application pursuant to this Ordinance.
“WECS Tower” or “Tower” means the support structure to which the nacelle and rotor are attached, free standing or guyed structure that supports a wind turbine generator.
“WECS Tower Height” means the distance from the rotor blade at its highest point to the top surface of the WECS foundation.
Section 1804 – Wind Energy Conversion Systems Not Requiring a Zoning Permit
Mini WECS or SWECS structures may be established to serve an existing agricultural use. These structures may not exceed 45 feet in height and must be situated fifty (50) feet from both all property lines and overhead utility easements to be exempt from the provisions set forth later in this Article. Although a Zoning Permit may not be required for Mini WECS or SWECS and appurtenant structures of this type, a Building Permit is required and must be applied for and approved prior to any site work.
Section 1806 – General Requirements for all Wind Energy Conversion Systems
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. All applicants shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted system in strict compliance with all current applicable technical, safety and safety-related codes adopted by Dearborn County, the State of Indiana, or the United States. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply;
2. All applicants shall obtain, at their own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by Dearborn County or any other governmental entity or agency having jurisdiction over the applicant;
3. All applicants shall notify the County of any intended modification of a Mini WECS, SWECS, or Wind Energy Conversion System and shall apply to the County to modify the height, relocate or rebuild such structure;
4. All Wind Energy Conversion Systems shall conform to applicable industry standards of the American National Standards Institute (ANSI) and be approved by a wind certification program recognized by the American Wind Energy Association. All WECS that are over twenty-five (25) feet in height must be designed by a professional engineer. The engineer must certify that the foundation and tower constructed for the Wind Energy Conversion System is within acceptable code and industry standards—given local soil and climate conditions.
SECTION 1808 - Required Zoning Permit
All applicants involving a new Mini WECS, SWECS, or Wind Energy Conversion System, or an existing Mini WECS, SWECS, or Wind Energy Conversion System that involves a visible modification, are required to obtain the proper permit that is in accordance with the requirements of this Article. The individual zoning district articles indicate whether a Wind Energy Conversion System is a Principally Permitted Use or Conditional Use, which determines the required process. All Mini WECS and SWECS that are considered Principally Permitted Uses shall follow the Plot Plan Review procedure as detailed in Article 17 of this Ordinance. All WECS shall follow the Site Plan Review procedure as detailed in Article 23 of this Ordinance, in addition to a Conditional Use process, if necessary. All Conditional Uses shall follow the Conditional Use procedure as detailed in Article 3. Applications for the modification of an existing structure that does not increase the overall height or appearance shall be considered a Principally Permitted Use. If it is determined that the application meets the purpose and intent of this Article, the application shall be approved. If it is determined that the application does not meet the purpose and intent of this Article, the application shall be denied with the specific reasons detailed.
No Wind Energy Conversion System of any type shall be installed or constructed until the application is reviewed and approved by the County, and a permit has been issued. The County may at its discretion delegate or designate other official agencies to accept, review, analyze, evaluate and make recommendations with respect to the approval, or denial, of proposed Wind Energy Conversion System. Any permit issued for Wind Energy Conversion System shall not be assigned, transferred or conveyed without the express prior written notification to the County.
SECTION 1810 - Pre-Application Meeting
Prior to the submittal of an application that does not involve an exempt Mini WECS or SWECS structure, the applicant is required to contact the County and its designated representatives to schedule a pre-application meeting. The purpose of this meeting is to address potential issues, which will help expedite the review and permitting process. The pre-application meeting shall include a site visit, if there has not been a prior site visit for the proposed site. It shall also be determined at the pre-application meeting, the number of copies necessary for the applicant to submit a completed application. The applicant shall pay any and all costs that are associated with the preparation and attendance of the pre-application meeting.
SECTION 1812 – Zoning Application Requirements
All applications for Mini WECS, SWECS, or Wind Energy Conversion Systems, or any modification of such facility, shall comply with the requirements set forth in this Section. Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the County. The applicant shall be required to perform the following actions:
• Sign the application with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. Any individual signing the application shall be an authorized individual of the applicant. The landowner, if different than the applicant, shall also sign the application.
• Submit the following statement in writing:
• "The proposed Mini WECS, SWECS, or Wind Energy Conversion System shall be maintained in a safe manner, and in compliance with all conditions of the Permit, without exception, unless specifically granted relief by the County in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and Federal Laws, rules, and regulations."
All applications for the construction or installation of new Mini WECS, SWECS, or Wind Energy Conversion Systems shall contain the information set forth in this Section. Where a certification is required, such certification shall bear the signature and seal of a professional engineer. At the discretion of the County, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
Applicants must submit all of the information required to obtain a Major Plot Plan Zoning Permit, as referenced in Article 17, Section 1720 of the Dearborn County Zoning Ordinance, to the Dearborn County Plan Commission. In addition to the information required to obtain a Zoning Permit, the applicant shall provide all of the information that is necessary to obtain a Conditional Use Permit from the Dearborn County Board of Zoning Appeals, if applicable.
Information that is also relevant to the following items must also be specifically supplied:
1. The location of all above-ground utility lines within a radius equal to two (2) times the height of the proposed Mini WECS, SWECS, or WECS;
2. The location of all underground utility lines associated with the project site;
3. Dimensional representation of the structural components of the tower construction including the base and footings;
4. Manufacturer’s specifications and installation and operation instructions or specific Mini WECS, SWECS, or WECS design information;
5. Certification by a registered professional engineer that the tower design, including all footers, is sufficient to meet all County, State, and Federal requirements;
6. Information relevant to any existing, or anticipated, access easements or utility easements;
7. Acknowledgement that no appurtenances other than those associated with the wind turbine operations may be connected to any wind tower except with express, written permission by the BZA;
8. A transportation plan showing how vehicles would access the site and describing the impacts of the proposed energy project on the local and regional road system during construction and operation;
9. A re-vegetation plan that restores areas temporarily disturbed during construction;
10. For all Mini WECS, SWECS, or WECS sites involving one (1) acre or more of land disturbance, a drainage and erosion control plan must also be developed in consultation with the Dearborn County Soil and Water Conservation District.
SECTION 1814 - Location of Wind Energy Conversion Systems
An application for a Mini WECS, SWECS, or Wind Energy Conversion System may be approved in any zoning district of Dearborn County, provided that County officials find that the proposed site does not interfere with the health, safety and welfare of the County and its inhabitants and will not have a harmful effect on the nature and character of the community and neighborhood.
Notwithstanding that a potential application may require approval for a Conditional Use, the County may disapprove an application for any of the following reasons:
1. Conflict with safety and safety-related codes and requirements;
2. Conflict with the historic nature or character of a neighborhood or historical district;
3. Conflict with a purpose of an existing, specific zoning or land use designation;
4. The placement and location of Wind Energy Conversion System which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the County, or employees of the service provider or other service providers;
5. Conflicts with the provisions of this ordinance.
SECTION 1816 - Structure Design and Construction
The design and construction of all Mini WECS, SWECS, or Wind Energy Conversion Systems shall meet the following standards:
1. The foundation and attachments shall meet all local, County, State and Federal structural requirements for loads, including wind and ice loads;
2. All utilities at a Mini WECS, SWECS, or Wind Energy Conversion Systems site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the County;
3. Mini WECS, SWECS, Wind Energy Conversion Systems, and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings;
4. At SWECS or Wind Energy Conversion System project sites, an acceptable access and turn-around area shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
SECTION 1818 - Height and Clearances of Wind Energy Conversion Systems
Mini WECS must have a system height of less than forty-five (45) feet.
No Wind Energy Conversion System Tower constructed after the effective date of this Ordinance, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, County, State, and/or any Federal statute, law, ordinance, code, rule or regulation.
The minimum distance between the ground and any protruding blade(s) utilized on a Mini WECS, SWECS, or WECS shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. This minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.
SECTION 1820 - Appearance and Visibility of all Wind Energy Conversion Systems
All Mini WECS, SWECS, or Wind Energy Conversion Systems and their appurtenant structures shall be designed to minimize the adverse visual impacts of its surroundings. Specifically:
1. Mini WECS, SWECS, or Wind Energy Conversion Systems shall not be artificially lighted or marked, except as required by law.
2. All Mini WECS, SWECS, WECS and supporting structures must consist of a non-reflective, unobtrusive color—usually gray or white. No advertising signage shall be permitted; however, the manufacturer’s identification with ratings is allowed.
3. If lighting is required, the Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations.
SECTION 1822 - Security of Wind Energy Conversion Systems
All Mini WECS, SWECS, and Wind Energy Conversion Systems and their appurtenant structures shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically, all Mini WECS, SWECS, and WECS and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with.
SECTION 1824 - Signage
All Wind Energy Conversion Systems and their appurtenant structures shall contain a sign no larger than four (4) square feet in order to provide the name(s) of the owner(s) and operator(s) of the WECS as well as emergency phone number(s). This sign shall be visible from the access point of the site and shall not be lighted, unless lighting is required by applicable law, rule or regulation. A four (4) square-foot warning sign concerning voltage must also be placed at the base of all pad-mounted transformers and substations in a conspicuous location. No other signage, including advertising, shall be permitted.
SECTION 1826 - Lot Size and Setbacks
All proposed Mini WECS, SWECS, or Wind Energy Conversion Systems shall be set back from abutting parcels, recorded rights-of-way and existing or anticipated access or utility easements by the greater of the following distances: A distance equal to the height of the proposed Mini WECS, SWECS, or WECS structure plus ten percent (10%) of the height of the supporting structure, or the existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. Structures that are not being used in conjunction with the Mini WECS, SWECS, or Wind Energy Conversion Systems, with the exception of accessory structures, shall not be located within the free fall area unless otherwise approved by the Board of Zoning Appeals.
A transfer of ownership of an adjacent lot, held in combination and under common ownership at the time of Mini WECS, SWECS, or WECS installation, shall include a grant of easement equal to the required off-site setback encroachment; approved by the Planning Director; and recorded with the Dearborn County Recorder’s Office to run with the deed.
SECTION 1832 – Maintenance & Inspections
The owner or operator of a WECS must submit, on an annual basis, a summary of the operation and maintenance reports to the County. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the County reasonably requests. Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification by a professional Engineer licensed in the State of Indiana and it shall be necessary to apply for both a Zoning Permit and a Building Permit.
The Dearborn County Planning Director and Building Commissioner will be responsible for contacting all owners or operators of a WECS that does not meet local, State, or Federal codes and regulations. Once notified in writing, the owner or operator of a WECS will be required to address any repairs or alterations within thirty (30) days after receiving notice—or within a longer period of time mutually acceptable to both parties. During this time period, the owner or operator of a WECS may retain a licensed 3rd party professional engineer familiar with WECS systems to prepare and submit to the appropriate Dearborn County officials a written report which addresses the repairs or alterations required, and which suggests alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary. The Dearborn County Planning Director and Building Commissioner will consider any such written report and determine whether the repairs or alterations should be made as originally requested, or as suggested in the written report.
SECTION 1834 - Liability Insurance
The owner or operator of any WECS will provide proof of liability coverage; shall maintain a current general liability policy covering bodily injury and property damage; and may be required to name Dearborn County as an additional insured with dollar amount limits per occurrence, in the aggregate, and a deductible, which is suitable and in a form acceptable to the Dearborn County Plan Commission Attorney.
SECTION 1836 - Indemnification
Any application for Wind Energy Conversion Systems that is proposed for County property, pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the County, and its officers, boards, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said WECS, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the County, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness fees are included in those costs that are recoverable by the County. An indemnification provision will not be required in those instances where the County itself applies for and secures a permit for WECS.
SECTION 1838 - Removal of Wind Energy Conversion Systems
The holder of a permit for a Mini WECS, SWECS, or Wind Energy Conversion System, or its successors or assigns, shall dismantle and remove such facilities, and all associated structures, from the site and restore the site to as close to its original condition as is possible, if at any time any of the following apply:
1. The system has been abandoned for a period of one hundred-eighty (180) days in any three hundred-sixty five (365) day period. For properties involving foreclosure, vacant residential structures, or for other unusual or extreme circumstances, a waiver may be requested to extend this time period. All waiver requests of this specific type must be submitted in writing to the Planning Director and may be issued only if the waiver is determined to be necessary and if the requested waiver does not adversely affect the other requirements of this Article;
2. The system falls into such a state of disrepair that it creates a health or safety hazard;
3. The system has been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required permit, or any other necessary authorization;
4. The Board of Zoning Appeals determines that the health, safety, and welfare interests of the County warrant and require the removal of the Mini WECS, SWECS, or Wind Energy Conversion System.
SECTION 1840 - Avoidance and Mitigation of Damages to Public Infrastructure
Applicants of all Wind Energy Conversion Systems shall identify all roads to be used for the purpose of transporting system materials, parts, and / or equipment for the construction, operation, or maintenance of the WECS and shall:
1. Conduct a pre-construction baseline survey in coordination with the impacted transportation authorities to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility as the WECS is being constructed;
2. Obtain any applicable weight and size permits from all impacted transportation authorities prior to construction;
3. Prepare a written statement that acknowledges that the Applicant will be responsible for addressing on-going road maintenance, drainage, erosion control, or dust issues identified by the Dearborn County Engineer, the Indiana Department of Transportation (INDOT), the Indiana Department of Environmental Management (IDEM), or another applicable public agent during all phases of the construction process. All such issues must be addressed in the prescribed time(s) and manner(s) set forth by the applicable governmental entity.
SECTION 1842 - Variances
Any requirement of this Article may receive a variance by the Board of Zoning Appeals if it is determined that such action is warranted given the nature of an individual project and such action will serve to preserve the purpose and intent of these regulations.
BOARD OF COMMISSIONERS OF DEARBORN COUNTY
RESOLUTION NO. ____ OF 2009
Ordinance to Amend and Insert Cross-References to Article 18 into
the Dearborn County Zoning Ordinance An Ordinance to amend and insert cross-references to Article 18 into the Dearborn County Zoning Ordinance with the proposed text insertions attached hereto and incorporated by reference as Exhibit “A”.
WHEREAS, Article 18 of the Dearborn County Zoning Ordinance has been held in reserve for the future enactment of subject matter that develops or emerges and is in need of regulation; and
WHEREAS, on December 15 2009, the Board of Commissioners of Dearborn County enacted Article 18 to cover the emerging topic of Wind Energy Conversion Systems; and
WHEREAS, it is necessary to cross-reference the newly created Article 18 into the existing Articles of the current Dearborn County Zoning Ordinance in order to have a complete and functional source of regulation; and
WHEREAS, the Dearborn County Plan Commission has determined that cross-referencing of the newly created Article 18 is necessary in the following Articles and Section of the Dearborn County Zoning Ordinance:
Article 9, Section 930(20)
Article 10, Section 1030(14)
Article 11, Section 1125(14)
Article 11, Section 1155(24)
Article 13, Section 1304
and
WHEREAS, the Board of Commissioners of Dearborn County voted to approve the proposed amendments described in the attached Exhibit “A”.
THEREFORE, BE IT ORDAINED that the text in the attached Exhibit “A” is enacted as insertions into the respective Articles and Sections as enumerated of the Dearborn County Zoning Ordinance.
This Ordinance shall become effective upon publication once each week for two consecutive weeks.
Passed by the Board of Commissioners of Dearborn County, Indiana, on this 15th day of December, 2009.
_______________________________
Ralph Thompson, President
_______________________________ ATTEST
Jeff Hughes
_________________________
Cary Pickens, Auditor
_______________________________
Tom Orschell
EXHIBIT “A”
Article 9, Section 930 (20)
20. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 10, Section 1030 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1125 (14)
14. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 11, Section 1155 (24)
24. Water towers, electrical substations, telephone switching stations, facilities dealing with boosting or receiving data or communications signals, wind energy conversion systems, and county garage facilities;
Article 13, Section 1304 (38)
38. Wind energy conversion systems.
Tuesday, December 08, 2009
DRAFT AGENDA COMMISSIONER'S MEETING 15 DEC 2009
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
December 15, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. Happy Hollow Rd. – tabled from 10/06/09
IV. NEW BUSINESS
1. Sheriff Dave Lusby
Bid Awards
2. Mike Rozow, Chamber of Commerce
Annual Management agreement signatures
3. Ruth Ann Batta, Sunman Dearborn Summer Art Program
Request to go to Council
3. Bob Hrezo, Hrezo Engineering, Inc.
Presentation on Shumway Building Recommendation
4. Mark McCormack, Planning and Zoning
1. Zone Change request
2. Proposed Article 18 – Wind Energy Conversion System
5. OKI 2010 Agreement signatures
V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
XIV.
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
December 15, 2009
7:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Hogan Water Corp. – tabled from 8/18/09
2. East Fork Rd. – tabled from 9/1/09
3. Happy Hollow Rd. – tabled from 10/06/09
IV. NEW BUSINESS
1. Sheriff Dave Lusby
Bid Awards
2. Mike Rozow, Chamber of Commerce
Annual Management agreement signatures
3. Ruth Ann Batta, Sunman Dearborn Summer Art Program
Request to go to Council
3. Bob Hrezo, Hrezo Engineering, Inc.
Presentation on Shumway Building Recommendation
4. Mark McCormack, Planning and Zoning
1. Zone Change request
2. Proposed Article 18 – Wind Energy Conversion System
5. OKI 2010 Agreement signatures
V. HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
VI. AUDITOR - Cary Pickens
1. Claims/Minutes
VII. ATTORNEY
VIII. COMMISSIONER – Jeff Hughes
IX. COMMISSIONER – Tom Orschell
X. COMMISSIONER – Ralph Thompson, Jr.
XI. LATE ARRIVAL INFORMATION
XII. PUBLIC COMMENT
XIII. ADJOURN
XIV.
GARY MORRIS REPUBLICAN PARTY CHAIRMAN PASSED AWAY SUNDAY
GARY MORRIS, chairman of the Dearborn County Republican Party passed away Sunday Dec 6th. His obituary follows:
MORRIS Gary Benton, Beloved husband of Liz Morris. Dear father of Lee-Anna, Michael Benton, Katie and Stephen. Loving son of Marie (Bud) Swales and the late Edwin Benton Morris. Devoted brother of Dan (Sharon) Morris, Tom (Nancy) Morris, Sandi (Richard) Baer, Steve Swales, Dave Swales and Tammy (Bill) Hoskins, and the late Cheri Swales. Loving grandfather of Fletcher, Joey and Anna-Liese. Passed away Sunday, December 6, 2009. Residence Bright IN. Age 64. Visitation in the John C. Brater Funeral Home, 201 S. Vine St. Harrison OH Friday from 5-8 PM. Mass of Christian Burial in the St. Teresa Benedicta of the Cross Church, 23670 Salt Fork Rd., Bright IN Saturday, December 12 at 10 AM. Memorials may be made to the Bright Fire & EMS or Bright Lions Club through the funeral home. Burial Greendale Cemetery. http://www.braterfuneralhome.com/.
from 8 Dec 2009 Cincinnati Enquirer obituary notice
MORRIS Gary Benton, Beloved husband of Liz Morris. Dear father of Lee-Anna, Michael Benton, Katie and Stephen. Loving son of Marie (Bud) Swales and the late Edwin Benton Morris. Devoted brother of Dan (Sharon) Morris, Tom (Nancy) Morris, Sandi (Richard) Baer, Steve Swales, Dave Swales and Tammy (Bill) Hoskins, and the late Cheri Swales. Loving grandfather of Fletcher, Joey and Anna-Liese. Passed away Sunday, December 6, 2009. Residence Bright IN. Age 64. Visitation in the John C. Brater Funeral Home, 201 S. Vine St. Harrison OH Friday from 5-8 PM. Mass of Christian Burial in the St. Teresa Benedicta of the Cross Church, 23670 Salt Fork Rd., Bright IN Saturday, December 12 at 10 AM. Memorials may be made to the Bright Fire & EMS or Bright Lions Club through the funeral home. Burial Greendale Cemetery. http://www.braterfuneralhome.com/.
from 8 Dec 2009 Cincinnati Enquirer obituary notice
Tuesday, December 01, 2009
JEFF HUGHES MEMO TO COUNCIL
TO: COUNTY COUNCIL, concerning acquisition of new county Garage.
With the workforce loss through layoffs and not replacing retiring workers, the
decreasing state funding, the road and bridge closings, the economic climate, I do not believe this is the right time to make this acquisition. The county garage does need improvement and with sweat equity I believe it would be sufficient for the next few years.
I would also like to point out that the owner is a motivated seller, which is advantageous for the opportunity of new business in Dearbom County, which could produce employment for our fellow citizens. That area is one of the few areas that the planning department allows business without endless regulatory measures.
I mentioned earlier the road closings, the amount being used to purchase the new garage could fix, repair, or replace Holt road closing, Kueble road closing, or Stewart road closing just as examples.
I would also like to bring up the three quarter of a million dollars burden placed on the tax payers, where as now there is over $17,000 being paid to the county in relief of that burden. According to the counties tax sale consultant the tax sales went up 10% this year and projects it going up to 15% next year.
This is some of the rationale in causing my nay vote, for purchase of the new highway
facility.
Respectfully,
Jeff Hughes
With the workforce loss through layoffs and not replacing retiring workers, the
decreasing state funding, the road and bridge closings, the economic climate, I do not believe this is the right time to make this acquisition. The county garage does need improvement and with sweat equity I believe it would be sufficient for the next few years.
I would also like to point out that the owner is a motivated seller, which is advantageous for the opportunity of new business in Dearbom County, which could produce employment for our fellow citizens. That area is one of the few areas that the planning department allows business without endless regulatory measures.
I mentioned earlier the road closings, the amount being used to purchase the new garage could fix, repair, or replace Holt road closing, Kueble road closing, or Stewart road closing just as examples.
I would also like to bring up the three quarter of a million dollars burden placed on the tax payers, where as now there is over $17,000 being paid to the county in relief of that burden. According to the counties tax sale consultant the tax sales went up 10% this year and projects it going up to 15% next year.
This is some of the rationale in causing my nay vote, for purchase of the new highway
facility.
Respectfully,
Jeff Hughes
30 November 2009 Dearborn County Commissioners Meeting Notes
30 November 2009 Dearborn County Commissioners Meeting Notes
Meeting moved to Nov 30 from Dec 1 due to Commissioner’s Conference.
Present: Thompson, Chairman, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
Commissioners denied the Med Ben claim discussed in executive session preceding the meeting.
OLD BUSINESS:
Hogan Water Corp remains tabled.
East Fork Road remains tabled.
Happy Hollow was retabled after neighbors produced more information and commissioners asked for further research. It appeared that the neighbors possibly were looking to have road maintenance extended to their location as well as the Lykins property. Listerman was not present due to meeting change.
NEW BUSINESS:
Sheriff Lusby opened three food bids form Ellenbee Leggett, Gordon Foods, and US Food Service. All were taken under advisement for the matron to review.
Gary Hensley presented the Tyler Technologies contract for new construction and trending assessment for $61,900 per year for 2010 and 2011. This is the same as 2009. Witte will review the contract for commissioners to sign at the next meeting.
Brett Dodd of RQAW gave a brief report of their Campus Charette starting Dec 9-16 with the Shumway analysis. They will do the Charette for about 5 hours in the morning on Dec 17 with 3 teams of about 8 people each. A judge will be in each group, sheriff representatives, commissioners, prosecutors office etc. Each team will present a viable solution to the process- they may get consensus on one or end up with two or three options. He plans to have areport to commissioners by Jan 19 with the holidays in the middle. They will have knowledge of how much area each dept needs in the building for the charette groups.
Commissioners approved the 2010 meeting calendar with the 1st Tues of the month at 7 PM and the 3rd Tues at 9 AM The 9 AM meeting will be in the Lawrenceburg Council Chambers on Walnut Street to avoid any further conflicts with the judges per Pickens. The May and Nov election day meetings are moved to the next day (Wed)
Highway updates given under Thompson due to Listerman absence.
Pickens- Claims and minutes approved
Witte- Attorney:
Scott Carlton lawsuit vs Shane McHenry was voluntarily withdrawn by Carlton. County is “off the hook” on that one. He was suing for interference with his employment as McHenry allegedly informed his employers that he wa engaged in illegal activities.
County has been named in a couple more foreclosure actions- a normal part of the process.
Witte met with Jeff Tucker and has instructed Listerman to provide a history of the county and Tucker on Seldom Seen road issues. Listerman will have this by Friday.
Hughes- asked for clarification on the animal director selection. He wanted the Animal Board to preview and recommend 3 choices. Commissioners agreed.
Hughes stated he had an email from L&I regarding home permits being stopped. The email will be forwarded to Plan Director and PC attorney- McGill- for review and clarification.
Thompson- reported that they will close on Randall Avenue property on Dec 8. Pickens will have checks ready at that time. Doug Denmure is preparing the deed.
Thompson also reported the Artemis camera contracts are let and message boards will be next.
Thompson said the paper will post the list of appointments for county offices so any citizen interested can apply. There is an issue with animal control board having more members than originally set up. ( 7 vs 9) That will be researched.
Raection PC will have website up close to the first of the year. They will also be training dept heads on how to enter material.
Commissioners approved Ginny Daum getting business cards to use for the TriState Medical Reserve Corps. She is the volunteer coordinator.
LATE ARRIVAL
Kraus Jr discussed the possibility of getting money to fund research of all old county roads to get an accurate list. He will do further research on this to decide if it is feasible. They could hire a part timer to go through all the records. Pickens suggested historical society as help and Chris McHenry’s name came up as suggestion.
PUBLIC COMMENT:
Sandy Carley thanked commissioners for food station help. She picked up the director resumes and will distribute to the board.
Meeting adjourned at 8:15 PM
Christine Brauer Mueller
Lawrenceburg Township
Meeting moved to Nov 30 from Dec 1 due to Commissioner’s Conference.
Present: Thompson, Chairman, Hughes, and Orschell
Also present: Pickens, Auditor, and Witte, Attorney
Commissioners denied the Med Ben claim discussed in executive session preceding the meeting.
OLD BUSINESS:
Hogan Water Corp remains tabled.
East Fork Road remains tabled.
Happy Hollow was retabled after neighbors produced more information and commissioners asked for further research. It appeared that the neighbors possibly were looking to have road maintenance extended to their location as well as the Lykins property. Listerman was not present due to meeting change.
NEW BUSINESS:
Sheriff Lusby opened three food bids form Ellenbee Leggett, Gordon Foods, and US Food Service. All were taken under advisement for the matron to review.
Gary Hensley presented the Tyler Technologies contract for new construction and trending assessment for $61,900 per year for 2010 and 2011. This is the same as 2009. Witte will review the contract for commissioners to sign at the next meeting.
Brett Dodd of RQAW gave a brief report of their Campus Charette starting Dec 9-16 with the Shumway analysis. They will do the Charette for about 5 hours in the morning on Dec 17 with 3 teams of about 8 people each. A judge will be in each group, sheriff representatives, commissioners, prosecutors office etc. Each team will present a viable solution to the process- they may get consensus on one or end up with two or three options. He plans to have areport to commissioners by Jan 19 with the holidays in the middle. They will have knowledge of how much area each dept needs in the building for the charette groups.
Commissioners approved the 2010 meeting calendar with the 1st Tues of the month at 7 PM and the 3rd Tues at 9 AM The 9 AM meeting will be in the Lawrenceburg Council Chambers on Walnut Street to avoid any further conflicts with the judges per Pickens. The May and Nov election day meetings are moved to the next day (Wed)
Highway updates given under Thompson due to Listerman absence.
Pickens- Claims and minutes approved
Witte- Attorney:
Scott Carlton lawsuit vs Shane McHenry was voluntarily withdrawn by Carlton. County is “off the hook” on that one. He was suing for interference with his employment as McHenry allegedly informed his employers that he wa engaged in illegal activities.
County has been named in a couple more foreclosure actions- a normal part of the process.
Witte met with Jeff Tucker and has instructed Listerman to provide a history of the county and Tucker on Seldom Seen road issues. Listerman will have this by Friday.
Hughes- asked for clarification on the animal director selection. He wanted the Animal Board to preview and recommend 3 choices. Commissioners agreed.
Hughes stated he had an email from L&I regarding home permits being stopped. The email will be forwarded to Plan Director and PC attorney- McGill- for review and clarification.
Thompson- reported that they will close on Randall Avenue property on Dec 8. Pickens will have checks ready at that time. Doug Denmure is preparing the deed.
Thompson also reported the Artemis camera contracts are let and message boards will be next.
Thompson said the paper will post the list of appointments for county offices so any citizen interested can apply. There is an issue with animal control board having more members than originally set up. ( 7 vs 9) That will be researched.
Raection PC will have website up close to the first of the year. They will also be training dept heads on how to enter material.
Commissioners approved Ginny Daum getting business cards to use for the TriState Medical Reserve Corps. She is the volunteer coordinator.
LATE ARRIVAL
Kraus Jr discussed the possibility of getting money to fund research of all old county roads to get an accurate list. He will do further research on this to decide if it is feasible. They could hire a part timer to go through all the records. Pickens suggested historical society as help and Chris McHenry’s name came up as suggestion.
PUBLIC COMMENT:
Sandy Carley thanked commissioners for food station help. She picked up the director resumes and will distribute to the board.
Meeting adjourned at 8:15 PM
Christine Brauer Mueller
Lawrenceburg Township
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