Legal notices for week of Feb. 18

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Mowing Contract & Specifications
Brown County Schools is soliciting quotations to provide mowing services for the 2020, 2021, 2022 mowing seasons.
Contract requirements:
The successful contractor (s) will be required to submit a Certificate of Liability Insurance. Price per mowing should reflect individual areas. (they may be awarded separately) Total number of mows may vary based on the type of rain during the year. Generally, grass would be cut every 7 to 10 days in the early spring then be reduced to approximately every 2 weeks. The contractor is expected to inform the owner during questionable times. The owner reserves the right to request delayed mowing until deemed necessary. The Schools does not guarantee a certain number of mows.
Quotations should include the anticipation of higher priced fuel. (If prices increase above $5.00 per gallon, the contractor and owner will meet to negotiate an agreed upon price increase.) The contract will be awarded to the best bid. Special mows may be requested due to special events. Successful contractor must have sufficient resources to accomplish mowing. (Commercial equipment and manpower) Interested parties should submit a quotation to Brown County Schools, (Attn: Jimmy Jackson, Director Maintenance) at P.O. Box 38, Nashville, IN 47448 by March 14, 2020.
Scope of Work: Helmsburg Elementary, Sprunica Elementary, & Van Buren Elementary : These locations include all areas currently being maintained which include the playing fields.
Eagle Park: Includes all areas except the soccer, baseball, & softball fields. In addition, includes the front entrance along State Road 46.
Nashville Campus: Includes the entire campus (Junior High, High School, Administration Building, Extended services, CRC & Intermediate School. Areas excluded are: the football field and the practice field (south of the football field)
Specifications:
• Grass to be cut at approximately three inches.
• Weed eating along fences, and buildings is expected as well as clean up of debris.
• Safety precautions are expected to be in place during all work. The contractor is expected to work with the area staff to ensure safety of persons and property. Contractor is to supply their own weed killer.
Vendor Information
Name
Address
Telephone
Location
Cost per Mowing
Helmsburg
Sprunica
Van Buren
Eagle Park
Nashville
Jimmy Jackson
Director of Maintenance Brown County Schools
60047013, 2/19/2020, hspaxlp, 20-42

NOTICE OF PROPOSED
COMMUNICATIONS TOWER
CONSTRUCTION
Horvath Towers V is planning to construct a communications tower in Morgantown, IN. HorvathTowers V has petitioned the Federal Communications Commission for an Antenna Structure Registration utilizing Form 854 with a filing number of A1157783. The tower is located with an approximate address of +/- Lick Creek Road. Coordinates of the location are 39° 18′ 10.72″ N, -86° 17′ 48.28″ W. The project consists of the construction of a 195’ tall Self-Support tower plus appurtenances. The ground space will be developed with a fenced in compound measuring 100’ x 100’. The tower will not be lit. Interested persons can review this application by going to:
www.fcc.gov/asr/applications and entering the Form 854 file number of A1157783. Persons who may have environmental concerns about this structure are able to raise such concerns by filing a Request for Environmental Review with the Federal Communications Commission. The Federal Communication Commission strongly encourages interested parties to file a Request for Environmental Review. Interested persons can file a Request for Environmental Review at
www.fcc.gov/asr/environmentalrequest. If you would rather mail in a paper copy you can do so
to: FCC Requests for Environmental Review, Attn: Ramon Williams, 445 12th Street SW,
Washington, D.C. 20554.
60047245, 2/19/2020, hspaxlp, 20-44[embeddoc url=”http://www.bcdemocrat.com/wp-content/files/sites/3/2020/02/HamblenAnnualReport2019.pdf” download=”all”][embeddoc url=”http://www.bcdemocrat.com/wp-content/files/sites/3/2020/02/BrownCoSolidWaste2020-1.pdf” download=”all”][embeddoc url=”http://www.bcdemocrat.com/wp-content/files/sites/3/2020/02/Brown-CoAnnual2020-NEW.pdf” download=”all”]

Brown County Board of Commissioners will accept written comments regarding the proposed 2020 Septic Ordinance between February 10, 2020 – March 18, 2020.
Hearings on the Ordinance are scheduled for 6:00pm February 19, 2020 and March 18, 2020.
Written Comments are preferred, but limited verbal statements will be accepted at both scheduled meetings.
Written comments may be delivered to either the Auditor’s Office, Commissioner’s Office, or emailed to [email protected]
Health Board Approved Septic Ordinance, January 21, 2020
SEPTIC ORDINANCE FOR BROWN COUNTY, INDIANA
#_________ (New date)
RESOLUTION
It is the desire of the Brown County Board of Health to replace the Ordinance No. 97-875 regarding the construction, maintenance, inspection, and operation of onsite sewage systems (also referred to as septic systems) to include all areas throughout Brown County, Indiana. Accordingly, it is hereby resolved by the Brown County Commissioners that Ordinance No. 97-875 is replaced by this Ordinance.
Applicable Indiana law and, specifically, the requirements found in Rule 410 IAC 6-8.3 are fully incorporated by reference as a part of this Ordinance and shall include any later amendment, repeal, or replacement to the statutes and regulations as the same are published in the Indiana Administrative Code, with effective dates as fixed herein. All interested persons should refer to Rule 410 IAC 6-8.3 to wholly interpret their individual application.
Set forth below are certain requirements adopted by the Brown County Board of Health (and approved by the Brown County Commissioners), in addition to the requirements of the Indiana State Department of Health set forth in Rule 410 IAC 6-8.3, relating to the construction, maintenance, inspection and operation of onsite sewage systems in Brown County, Indiana. In addition, interested persons should refer to the Brown County Health Department’s Policies and Procedures Manual (the PAP Manual).
Proper operation and maintenance of septic systems is critical to the long-term functionality of onsite sewage systems. The Indiana Onsite Wastewater Professionals Association (IOWPA) is an excellent reference. Purdue University’s Extension Service offers guidance documents for operating and maintaining onsite sewage systems, including document # HENV-107-W.
ARTICLE I
PERMITS
Installation of new onsite sewage systems, and repairs or modifications to existing systems, require a septic permit issued by the Brown County Health Officer. The Brown County Health Department will review applications for completeness and provide timely responses to the property owner, or its designee, for deficiencies and re-submittal requirements for approval.
Section 101: The property owner or agent of the owner must obtain a septic permit signed by the Brown County Health Officer prior to construction of any building or private residence for which an onsite sewage system is required. Plans, specifications, and other information shall be reviewed by the Brown County Health Officer prior to issuance of a permit. A permit shall be paid for at the time the application is filed.
Section 102: The Brown County Recorder shall record any bedroom affidavit required by Indiana Code 410 IAC 6-8.3 Sec.6 (2) to exempt any potential bedrooms in the definition of bedrooms for the purpose of sizing an onsite septic system for a residence. A copy of the recorded affidavit must be supplied to the Brown County Department of Health before any onsite septic system permit can be issued.
Section 103: A newly-constructed dwelling cannot be occupied until the septic permit is signed and an occupancy permit has been issued.
Section 104: The permit shall be posted in a conspicuous place at or near the construction site. It should be plainly visible from the public thoroughfare. The permit must be available on site for final inspection approval signature by the Brown County Health Officer.
Section 105: Before commencement of construction of any public or semi-public building or establishing a recorded subdivision, all plans and specifications must be submitted to the Indiana State Board of Health for review and letter of approval. Upon receipt of the letter of approval, a local construction permit must be obtained from the Area Plan Commission.
Section 106: All permits issued for construction of a private onsite sewage system are valid for a period of one (1) year from date of issuance. All construction must be completed within one year from date of issuance of the septic permit; otherwise, applicants must reapply and receive a new permit and pay another permit fee. When laws change within the timeframe the permit is active, the permit shall be deemed grandfathered as issued. Renewal permits are subject to applicable Indiana law and this Ordinance, all as amended from time to time.
ARTICLE II
INSTALLATION
Numerous treatment systems have been developed, and are being developed, to offer reasonable alternatives to traditional tank and lateral field septic systems. New systems (for example, poly tanks and Presby systems) continue to enter the marketplace, but may be at higher cost to install and operate and require more extensive record keeping to insure proper operation. The Brown County Board of Health, according to Rule 410 IAC 6-8.3, will evaluate these systems for use in Brown County.
Section 201: The onsite sewage system and soil absorption area must be identified and flagged prior to construction of any building or improvement suitable for occupancy and prior to a mobile home being placed on the property. The soil absorption area must be protected from vehicle traffic or anything that could cause compaction.
Section 202: Onsite sewage systems with issued permits must be installed and/or upgraded and receive final approval by the Brown County Health Department prior to any construction above the foundation floor level and prior to a mobile home being moved onto the property without prior approval of Brown County Health Officer.
Section 203: For new residential construction, major repairs, and replacements, all tanks for two (2) bedrooms or less must be a minimum of 1,000 gallons. Placement of all septic tanks shall be a minimum of 10’ from the structure and a maximum of 25’ from the structure.
Section 204: The elevation readings must be identified on the proposed septic drawings provided by a Brown County Registered Septic Contractor. Drawings without elevation readings or any other information deemed necessary by the Brown County Health Officer will not be approved.
Section 205: Each property owner must obtain a Soil Evaluation Report (as defined and described in the PAP Manual) showing three soil borings, or one pit and two soil borings, per septic site. All of the soil borings or pits must be located within the soil absorption field or bed.
Section 206: For each dwelling, five hundred (500) square feet of subsurface absorption field for each bedroom and/or bedroom equivalent, with a minimum of one thousand (1000) square feet, is required for soils with a soil loading rate of 0.3 or greater. Six hundred (600) square feet of subsurface absorption field per bedroom is required for 0.25 soil loading rate. Sand-lined systems, or other technology new to Indiana (TNI) shall be configured on state-approved guidelines. Additional square footage may be required by the Brown County Health Officer as a result of the Soil Evaluation Report.
Section 207: All trench systems must have five (5) feet of non-perforated pipe measured from the header trench to each absorption trench. This 5-foot requirement does not count for the calculation of a system’s absorption area.
Section 208: The distribution box must be coated with an asphaltic coating, with the exception of plastic distribution boxes, and contain speed levelers on each outlet pipe except as provided in Section 209.
Section 209: Speed levelers are not required on sand-lined systems if the distribution box is used only as a velocity reducer.
Section 210: Buildings, foundations, slabs, garages, patios, barns, outbuildings, above ground and belowground swimming pools, retaining walls, roads, driveways, parking areas, decks, fences, and paved sidewalks must be a minimum of twenty-five (25) feet from the absorption field if located down slope from the absorption field without a perimeter drain.
Section 211: If the distribution box does not have a riser, a piece of rebar the length of the distribution box must be placed on the lid for future metal detection locating.
Section 212: A perimeter drain is required on all four (4) sides on all sand-lined systems and sand mounds unless a change or exemption is approved by the Brown County Health Officer prior to installation.
Section 213: The high vent on sand-lined systems requiring such vent requires a 4′ anchor pipe attached to a “TEE” coming off of the distribution box for stability.
Section 214: The distance of a subsurface drain must be a minimum of ten (10) feet from the absorption field, and no greater than fifteen (15) feet.
ARTICLE III
REPAIR OR REPLACE EXISTING ONSITE SEWAGE (SEPTIC) SYSTEMS
The Brown County Board of Health acknowledges that a number of older onsite sewage systems may not meet all current requirements of the County or the Indiana State Department of Health due to site or system limitations. Accordingly, the Brown County Health Officer may consider proposals for repair or remediation that make the best use of the available space and systems and meet reasonably acceptable standards in the interest of public health and environmental concerns.
Section 301: For the purposes of this Ordinance, a landscape modification means any excavation or alteration of landscape or surface area within or adjacent to an onsite sewage system as defined in Rule 410 IAC 6.8-3-57.
Section 302: Prior to any landscape modification, room addition, or the installation, major modification, repair or replacement of a driveway, barn, shed, swimming pool, etc., the property owner shall obtain a septic record or septic locate approved by the Brown County Health Officer to ensure there are no encroachments on or into the onsite sewage system area. Any changes from the septic record or septic locate must comply with Section 210 herein.
Section 303: When soil absorption field replacement is required and no other site is available, a sand-lined system (or other TNI approved by the Indiana State Department of Health) can be installed at the same location as the old septic system. In such cases, the old septic system must be removed and Spec 23 sand added to fill the void. This work must be completed by a Brown County Registered Septic Contractor in accordance with the manufacturer’s construction and installation manuals.
Section 304: Examples of failures include, but are not limited to, the following: the backup of sewage into a structure; the connection of an onsite sewage system to any drain tile; liquid level in a septic tank above the inlet invert; liquid level in a treatment unit above that recommended by the manufacturer; structural failure of a septic tank or treatment unit; or water samples documenting contamination of ground water or surface waters caused in whole or in part by the onsite sewage system.
ARTICLE IV
TECHNOLOGY
The Technology New to Indiana document, or TNI, is a cumulative listing of additional septic system designs and components approved for application and use by the Indiana State Department of Health. Given the challenging soil types for septic installations in Brown County, the Brown County Health Department will consider approved TNI alternative technologies, when appropriate. The adoption by reference in this section to TNI reflects the commitment of the Brown County Health Department to consider other options as to solve the County’s septic challenges, taking into consideration public health and environmental matters.
Section 401: The installation of any other residential sewage disposal systems not described in Indiana State Department of Health Bulletin S. E. 11 and Rule 410 IAC 6-8.3 shall be approved by the Brown County Health Officer after plans and specifications bearing the written approval of the Indiana State Department of Health have been received.
ARTICLE V
INSTALLATION INSPECTIONS
Inspection of a new installation, or the repair or modification to an existing septic system, is critical to insure that the project is completed in accordance with the plans and specifications of the manufacturer. Brown County Health Department representatives will work with the homeowner and authorized septic installers and contractors to review the progress of each septic project and approve each project when all requirements are met.
Section 501: For the purposes of this Ordinance, a Brown County Registered Septic Contractor means a person who has passed the Brown County Health Department’s septic test within the required time frame and has paid the annual contractor’s fee for that given year. See Article VI herein.
Section 502: The Brown County Health Department has the authority to administer a stop-work order and the Brown County Registered Septic Contractor shall not continue any work until the stop-work order has been lifted.
Section 503: A Brown County Registered Septic Contractor must be on site throughout the installation process.
Section 504: The Brown County Registered Septic Contractor will be required to uncover any improperly covered up work to allow proper inspection. Additional soil cover (if required), seeding, and placing straw over the absorption field are the responsibility of the Brown County Registered Septic Contractor and will be required prior to final approval by the Brown County Health Officer.
Section 506: The site evaluation may be postponed until the area is cleared based on Rule 410 IAC 6-8.3-74(f), and a re-inspection fee will be incurred. If the ground is disturbed, a new septic site may be required.
Section 507: For site evaluations, the septic system must be visibly marked with a flag at the beginning and a flag at the end of each trench or bed, and a flag approximately every 20′ along each finger or 30 feet along the upper and lower edge of each bed. The Brown County Registered Septic Contractor must identify the contour of the septic beds or each trench finger sufficiently with flags for the site evaluation.
Section 508: At least two (2) inspection ports are required in the subsurface drain for inspection purposes. The inspection ports must be no higher than four (4) feet tall.
Section 509: If a property has a gate or other device restricting access, the gate or device must be unlocked for site evaluation(s). If access is denied for any reason, a re-inspection fee will be incurred.
ARTICLE VI
REGISTRATION FOR SEPTIC INSTALLERS
In an effort to avoid unnecessary and preventable losses and expenses for property owners, contractors and other installers shall be required to satisfy all requirements for registration as a Brown County Registered Septic Contractor; it being understood that soils conditions and slopes of Brown County can present unique and difficult challenges requiring particular knowledge and expertise.
Section 601: Any person engaged in or intending to engage in the installation or repair of onsite sewage (septic) systems within Brown County, Indiana shall submit an application to the Brown County Health Officer to have their name placed on the County Register. In addition, such person must pay an annual fee prescribed by the Brown County Health Department.
Section 602: The applicant must successfully pass a written test of requirements administered by the Brown County Health Department. The test shall be maintained in the Brown County Health Department’s Policies and Procedures Manual.
Section 603: A Brown County Registered Septic Contractor must be adequately insured and provide proper documentation confirming coverage(s) of such at time of license application and annual license renewal. Required coverages include at least $1,000,000 general liability and completed operations liability insurance.
Section 604: The Brown County Health Officer may remove the name of any person or firm from the register of approved persons for the installation, construction, and repair of onsite sewage systems if the person fails to comply with all rules and requirements of this Ordinance.
Section 605: A Brown County Registered Septic Contractor must be certified by the septic system manufacturer to install those systems that specifically require certification by the Indiana State Department of Health. A list of approved onsite sewerage (septic) systems is maintained by the Brown County Health Department.
ARTICLE VII
CHANGE-OF-USE INSTALLATION INSPECTIONS
Onsite property inspections are part of mandated procedures for evaluation, compliance, and approvals as set forth in Rule 410 and, specifically Section 6-8.3-51.
Section 701: The Brown County Health Officer, or the Health Officer’s agent bearing proper credentials (Brown County Health Department issued identification badge), shall be permitted to enter upon all properties for purposes of inspection, observation, measurements, sampling, and testing necessary to carry out the purposes and intent of this Ordinance.
Section 702: If the property owner or agent of the owner requests an inspection, the Brown County Health Department may require additional information regarding the onsite sewage (septic) system in order to provide an accurate and adequate inspection. If the Brown County Health Department does not have sufficient information on the current septic system on file, the requestor must hire a Registered Service Provider to locate the septic system, prepare a drawing of the system and complete and submit a septic system information form.
Section 703: A visual inspection can only take place when a septic system has been used with a minimum of 2,000 gallons of water within the past 30 days.
ARTICLE VIII
TOURIST HOMES AND BED & BREAKFASTS
In Brown County, the permitted occupancy of an approved tourist home (also referred to as a guest rental) or a bed & breakfast is often higher than the typical occupancy for a standard single family dwelling. To address the greater strain on the onsite sewage system due to higher occupancy in such instances, increased requirements for initial septic inspection and overall system sizing are both necessary and appropriate.
Section 801: If the septic system for a guest rental including, but not limited to tourist homes and bed & breakfasts, does not meet current standards, the septic system must be upgraded to meet or exceed current standards.
Section 802: The minimum required size of the onsite sewage system for a proposed tourist home, guest rental, or bed & breakfast shall be determined by the maximum number of guests times the daily design flow of 75 gallons per person per day on any given day.
Section 803: For guest rentals, the number of guests will be determined by the sleeping features:
Twin/cot = 1 person
Double/queen/king = 2 people
Sleeper sofa/sleeper loveseat = 2 people.
ARTICLE IX
NOTICES OF POSSIBLE VIOLATIONS
The Brown County Board of Health relies upon the Brown County Health Department and its officers and agents to communicate with persons affected by this Ordinance.
Section 901: Any person found to be violating any provisions of this Ordinance may be served by the Brown County Health Department, acting through the duly appointed Health Officer or the Health Officer’s agent, with a written order stating the nature of the violation and setting a time limit for satisfactory correction thereof.
ARTICLE X
PENALTIES
In order to insure public health, the Brown County Board of Health has authorized the assessment of penalties, including fines and/or injunctions. These penalties are intended to promote compliance with the requirements of this Ordinance.
Section 1001: Any person determined to be in violation of any part of this Ordinance shall be subject to a fine of not more than Five Hundred Dollars ($500) for the first offense, and for the second offense and each subsequent offense, by a fine of not more than One Thousand Five Hundred Dollars ($1,500).
Section 1002: For purposes of Section 1001, each day after the expiration of the time limit determined by the Brown County Health Department (acting through the duly appointed Brown County Health Officer or agent) for correcting a health hazard relating to a septic system shall constitute a distinct and separate offense.
Section 1003: In the event enforcement of this Ordinance requires the enforcing agency to commence litigation and a court finds a violation of this Ordinance, in addition to the fines and penalties and other remedies set forth in this Article, the enforcing agency may also be rewarded any costs associated with the prosecution including, but not limited to, reasonable attorney’s fees, and the same may become a civil judgment against the violator. The enforcing agency may also be entitled to seek any other legal remedy against any person or firm violating any provision of this Ordinance.
Section 1004: In addition to imposing fines, the enforcing agency may seek injunctive relief from any court of competent jurisdiction to abate a public health hazard, nuisance, or violation of this Ordinance.
ARTICLE XI
ADMINISTRATIVE APPEALS
Section 1101: Any person who is aggrieved by a decision of the Brown County Health Officer or its agent based upon this Ordinance shall submit an appeal within fifteen (15) days to the Brown County Board of Health. Upon receipt of a written appeal (which contains an explanation of objections to the decision), the Brown County Board of Health shall schedule a hearing to consider the matter no later than its next scheduled public meeting date or sixty (60) days.
ARTICLE XII
VALIDITY
Section 1201: All other county ordinances or parts of such ordinances which are in direct conflict with the provisions of this Ordinance are hereby superseded for purposes of interpreting and enforcing the purposes, intent, and provisions of this Ordinance.
Section 1202: The judicial determination of the invalidity or enforceability of any section, clause, sentence, or provision of this Ordinance shall not affect the validity or enforceability of any other part of this Ordinance.
ARTICLE XIII
ORDINANCE IN FORCE
Section 1301: This Ordinance shall be in full force and effect from and after its passage and adoption by the Commissioners of Brown County, State of Indiana.

Section 1302: This Ordinance supersedes the Brown County Ordinance #97-875 which is no longer in effect.

Section 1303: Passed and adopted by the Commissioners of Brown County, State of Indiana, on this ___________ day of ________________, 2020.
60047029, 2/19, 2/26/2020, hspaxlp, 20-43

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