Description THURSDAY, OCTOBER 6, 2005 SESSION
Date10/6/2005 Location Commissioners
 
Time Speaker Note
9:00:31 AM Call Meeting to Order

Pledge of Allegiance

Opening Prayer

Roll Call Attendance - All Present

Approve Minutes of October 3, 2005








Commissioner Barnaby made motion to approve
Seconded by Commissioner Graf. Motion carried unanimously
9:02:34 AM Sam Merillat - AFLAC Program Update Mr. Merillat stated in his update that they have a new vision program and summarized that for the Commissioners. This would be a pre-tax benefit. He will present the plans again this year to the employees at their benefit meeting sometime the first part of November. Another change is that Section 125 allows for an amended plan year to be extended an additional 2 1/2 months, which means if you have not used all your flex dollars you can continue to access those for another 2 1/2 months. Plan documents would have to be changed if the Commissioners wish to go with this option. The Commissioners will discuss this and let Mr. Merillat know.
9:16:32 AM OLD BUSINESS

Resolution 2005-634 Approve Payment of Bills


Commissioner Barnaby made motion to approve
Seconded by Commissioner Genter. Motion carried unanimously
9:17:34 AM Review Adult Probation Department Report September 2005
 
9:18:15 AM Resolution 2005-631 Enter into Contract 2005-117 with Ames Aviation Ltd.
The liability insurance has been received. Commissioner Genter suggested passing on this resolution for an executive session later.

9:19:17 AM Resolution 2005-632 Approving Then and Now Purchase Orders and Payments
Mr. Hall explained the need for this resolution to the Commissioners.

Commissioner Graf made motion to approve
Seconded by Commissioner Genter. Motion carried unanimously
9:21:41 AM NEW BUSINESS

Review Correspondence from United Brotherhood of Carpenters and Joiners of America, Local 1581 regarding Request for Use of Courthouse Parking Lot in Conjunction with International Services of Hope for Victims of Hurricane Katrina

Resolution 2005-639 to authorize use of the property.


This would be to hold a tool drive collection in the courthouse parking lot. The Commissioners thought the courthouse parking lot would be fine since this would be on a Saturday - November 12, 2005.

Commissioner Genter made motion to approve
Seconded by Commissioner Graf. Motion carried unanimously
9:24:45 AM Resolutions:

Resolution 2005-635 Rescind Resolution 2005-628 to Transfer Funds and Appropriations for Western District Court


Commissioner Barnaby made motion to approve
Seconded by Commissioner Genter. Motion carried unanimously
9:25:47 AM Resolution 2005-636 Increase Appropriations for Western District Court
Commissioner Genter made motion to approve
Seconded by Commissioner Graf. Motion carried unanimously
9:26:24 AM Resolution 2005-637 Enter into Contract 2005-118 with Mannik and Smith for Technical Services Elmira/Burlington Sanitary Sewer
Commissioner Barnaby made motion to approve
Seconded by Commissioner Genter. Motion carried 2 to 1 with Commissioner Graf abstaining.
9:27:29 AM Resolution 2005-638 Approve Purchase Orders and Travel Requests
Commissioner Genter made motion to approve
Seconded by Commissioner Barnaby. Motion carried unanimously
9:30:09 AM Public Hearing - Amendment to Fulton County Subdivision Regulations
















Resolution 2005-640
Commissioner Graf opened the hearing, required by statute. These amendments were approved by the Regional Planning Commission on August 23, 2005. Steve Brown, Regional Planning Director will give a brief overview of the changes and then anyone who wishes to give testimony will have that opportunity.

Following are the proposed changes:


SUMMARY
2005 AMENDMENT TO FULTON COUNTY SUBDIVISION REGULATIONS
Section 319 APPROVAL OF PRELIMINARY PLAT
The Commission shall act on the preliminary plat within thirty (30) days thirty-five (35) business days after filing unless such time is extended by agreement with the subdivider. When a preliminary plat has been approved by the Commission, the chairman shall sign all copies and return one (1) to the subdivider for compliance with final approval requirements.
Section 337 APPROVAL OF MINOR SUBDIVISION
If approval is to be given under Section 333 and the authorized representative is satisfied that the proposed subdivision is not contrary to applicable subdivision and zoning regulations, the Commission, within seven (7) working business days after submission of the completed application………………
The Fulton County Regional Planning Commission shall request other agencies to review and comment on the proposed lot split. These agencies shall include, but not be limited to the Fulton County Engineer, Fulton County Sanitary Engineer and the Fulton County Health Department.
(NEW SECTION)
Section 350 LARGE LOT DEVELOPMENT REGULATIONS
Per O.R.C. Section 711.133, Platting (5 to 20 Acres)
These regulations pertain to the proposed division of a parcel of land along an existing public street, ranging in size from not less than five (5) acres to not more than twenty (20) acres, which does not involve the opening, widening or extension of any street or road. Application for approval shall be made to the Fulton County Regional Planning Commission for the establishment of any lot without a plat in accordance of this section. The proposed subdivision of land shall not be contrary to applicable zoning regulations, health regulations pertaining to water and sewage systems, access management regulations, and existing surface and subsurface drainage requirements as adopted by Fulton County and its administrative divisions.
1. Parcel Divisions
Parcel splits containing a minimum of 5.001 acres and up to and including 20 acres in the unincorporated areas of Fulton County shall be regulated per this section. See Sections 334 and 335 and O.R.C. §711.131 pertaining to parcel splits smaller than 5 acres.
2. Review Authority
The proposed parcel split shall conform to the following where applicable:
Zoning Regulations
Health Regulations, including regulations governing household sewage disposal systems
Sanitary Regulations
Access Management Regulations
Building Code Regulations, pertaining to existing surface and subsurface drainage

2005 Summary of Proposed Amendment to Fulton County Subdivision Regulations 1
3. Parcel Dimensions
Lot Size : 5.001 acres up to and including 20 acres
Minimum Lot Frontage : 250 ft., measured at the building setback line
Width to Depth Ratio : Refer to local zoning requirements.
Minimum Depth : The minimum depth requirement is based on the road's classification, as determined by the Fulton County Access Management Plan.
Road Classification Minimum Depth
Principal Arterial 410 ft.
Minor Arterial 410 ft.
Major Collector 400 ft.
Minor Collector 385 ft.
Non Classified 380 ft.
Local zoning regulations may take precedence over these requirements.
4. Survey
A certified survey will be required, per Article VII, "Minimum Standards for Boundary Surveys and Monumentation". Exempt parcels may be waived by the Fulton County Regional Planning Commission, if the split can be described by a fractional description.
5. Water Requirement
An approved water source will not be required, unless the Fulton County Health Department determines that unique circumstances exist.
6. Filing Fee
A filing fee shall be required for each proposed lot split application, which shall be paid in full upon submittal of the application.
7. Time Period for Review of Large Lot Developments
(# of Parcels) (Review Period)
1 - 6 7 Calendar Days
7 - 14 14 Calendar Days
15 or More 21 Calendar Days
The burden is upon the applicant to demonstrate compliance with these Regulations. Incomplete or deficient proposals shall be disapproved and the applicant notified of issues and reasons for disapproval. Upon presentation of an approved conveyance of said parcel, the conveyance shall be stamped "Approved by Fulton County Regional Planning Commission; No Plat Required under R.C. 711.133" and signed and dated by the Director or his designated representative. Deeds shall be recorded within two years from the date of approval, or the approval expires. Upon the expiration of the approval, any proposed subdivision of the subject tract shall be filed and processed as a new application.
2005 Summary of Proposed Amendment to Fulton County Subdivision Regulations 2
8. Agricultural and Personal Recreational Purposes Exemption
Parcel splits utilized for the purpose of agricultural and/or personal recreational uses are exempt from large lot development regulations. A lot split application shall be filed. The Fulton County Regional Planning Commission shall determine that such a parcel complies for exemption, per the following standards.
a. The seller and/or buyer shall certify that the parcel will be used exclusively for agricultural and/or private recreational purposes.
b. Exemption Requirements:
?? No new residence shall be constructed on the parcel. Existing homesteads are permitted.
?? The parcel may be in an Agricultural District, Agricultural Security Zone, or the Ohio CAUV Program.
?? The land use shall meet local zoning requirements, if applicable.

c. Any future division of said parcel or change in use of said parcel shall not be exempted and must comply with Subdivision Regulations and local Zoning Regulations, where applicable.
d. All conveyances under this section for agricultural and/or personal recreational land uses shall be stamped "No Approval or Plat Required per ORC 711.133 for Agricultural and/or Personal Recreational Uses Only" and shall be signed and dated by the Director or designated representative. The Regional Planning Commission may require additional statements on the property deed for compliance of these regulations.
e. For purposes of this Section, the terms "agricultural purposes" and "personal recreational purposes" shall be defined as follows:
?? Agricultural Purposes : a parcel or parcels that are devoted exclusively to animal or poultry husbandry, aquaculture, apiculture, and the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental trees, sod, or flowers or other similar agricultural uses.

?? Personal Recreational Purposes : a parcel or parcels that are devoted exclusively to personal recreational use of a private type and nature that is conducted by the owner(s) of such parcel(s) or the individual(s) entitled to exclusive use and possession of such parcels(s), without fee or consideration of any kind, excluding any commercial or membership recreational type of use whether or not for fee or profit.

9. Appeal by Applicant
An applicant that has been denied approval of a lot split may file an appeal with the Court of Common Pleas as set forth in the O.R.C., Chapter 711.
2005 Summary of Proposed Amendment to Fulton County Subdivision Regulations 3
TABLE 1
MINIMUM DIMENSIONAL REQUIREMENTS
(Parcel Splits Less Than 5 Acres)
Development Public Water Central Sewage Minimum Lot Lot Area Minimum (3)
Type Availability Treatment Available Frontage (ft.) Per Family Setback
Single-Family Yes No 120 20,000 sq. ft. 75
No Yes 120 16,200 sq. ft. (1) 75
Yes Yes 70 9,500 sq. ft. 75
No No 150 1 Acre (4) (5) 75
No No 250 2 Acres (6) 75
(4) The width to depth ratio is 1:3. (example: 250 ft. frontage = 750 ft. maximum depth)
(5) The minimum lot depth is 235 feet.
(6) Minimum Lot Depth for Parcels 2 Acres and Greater
Principal Arterial 410 ft.
Minor Arterial 410 ft.
Major Collector 400 ft.
Minor Collector 385 ft.
Unclassified 380 ft.






Commissioner Genter asked how these changes are working in Delaware County. Mr. Brown responded that they have just gone into effect so there is no information available at this time. Commissioner Genter said he has concern with the Agricultural and Personal Recreation Purposes Exemption. Commissioner Graf felt that the zoning regulations would come into play.

Commissioner Barnaby asked if the sale of property on Road C happened before the regulations were to go into effect, would they be grandfathered in? Mr. Brown said no and recommended if approved the regulations would go into effect in 30 days. This would give ample time for notification.

Commissioner Graf asked about Article 2...would January 1, 2006 be the effective date. Mr. Brown said yes.

Mr. Terry Stites presented questions: primary question is the concern for usable water; #2 septic system; #3 is drainage. He questioned letting people know ahead of time before the sale of the property that these problems exist. Mr. Stites said the water supply is very questionable in this area and that the people currently living there experience water problems. Commissioner Genter suggested that perhaps a solution would be for someone to be at the auction and ask questions of the auctioneer in order to bring the problem to light. Commissioner Graf added that there would have to be a request for change in the zoning in order to have more than once residence on the parcel.

No one had testimony.

Commissioner Graf closed the hearing at 9:56 a.m.

Commissioner Barnaby made motion to approve to accept the recommendation of the zoning commission effective in 30 days. Commissioner Genter seconded the motion.

Roll call vote - the motion was unanimously approved.
Seconded by Commissioner Genter

A letter was stamped into the record from a York Township resident.



9:59:40 AM Rod Creager, Chief Deputy Engineer - Ditch 2097 (Dominique) Continued Engineers Report


Resolution 2005-641
A letter notifying the Commissioners that the project has been successfully completed through mutual agreement to the satisfaction of the benefited landowners was received from Mr. Dominique on behalf of Martha Dominique and the request was to withdraw the drainage petition. Discussion was whether to charge for clerk's costs. Advertising & postage costs were estimated at$195.53

Commissioner Graf made motion to dismiss ditch petition 2097 because of a private project being initiated and completed, and that the clerk's costs be billed to Mr. Dominique.
Seconded by Commissioner Genter. Motion carried unanimously.
10:07:17 AM Resolution 2005-642 Executive Session - Personnel Commissioner Graf made motion to approve
Seconded by Commissioner Genter. Motion carried unanimously Jan Burkhard and Mr. Hall will stay for the executive session.
2:38:30 PM Meeting adjourned 11:15 a.m.  
2:46:18 PM


____________________________
Jack Graf


____________________________
Dean Genter


____________________________
Paul Barnaby

ATTEST:______________________
Rhonda J. Borton, Clerk
 
2:47:09 PM Signed Copies of the minutes, or an audio recording of the meeting, in its entirety, are available for review in the Office of the Clerk of the Board, 152 S. Fulton St., Suite 270; Wauseon, Ohio 43567-3309  

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