Davison County Commission denies request for application refund

Talk about it

The Davison County commissioners acted quickly Tuesday at the courthouse in Mitchell to deny a request from county resident Larice Hamilton to refund a $100 conditional use permit fee.

Hamilton’s request for a CUP to allow burial of construction debris on a 1-acre parcel he owns was recently denied when the commissioners learned that debris from outside sources would also be buried at the proposed site.

Such a use would have made the site a private landfill, taking it beyond personal uses which could be covered by a CUP. Also, the property could not qualify for a state Department of Environment and Natural Resources permit because it was too close to nearby water wells.

Hamilton had complained to Commissioner Jerry Fischer that he wouldn’t have applied if he had known the project wasn’t eligible for a permit.

While some commissioners had expressed sympathy for Hamilton’s request, the board voted unanimously to deny the refund request based on the advice of Deputy State’s Attorney Jim Taylor.

Taylor reminded the commissioners via email that the county’s own zoning ordinance specifies that no action shall be taken on any application or appeal until all fees, charges and expenses are paid in full. Postings in the offices of the county director of equalization and the zoning administrator repeat that requirement and also state that all fees are non-refundable.

Application fees are used to cover county expenses in processing such applications, wrote Taylor. Additionally, he said, some due diligence is required of persons making such an application.

County officials are not real estate developers, surveyors, planners or engineers. They merely administer county ordinances.

“They do not, and properly should not, design, plan, or locate real estate improvements or developments for citizens,” wrote Taylor.

The commissioners gave approval to a 2013 county budget of $11.5 million, a budget 1.5 percent higher than 2012.

The 2013 budget categories, followed by 2012 numbers, include: General Fund, $7,654,270 ($7,859,460); County Road & Bridge, $3,206,549 ($2,781,253); Emergency Management $82,517 ($92,542); Domestic Abuse, $5,500 ($5,500); 911 Service, $225,000 ($225,000); 24/7 Sobriety $49,535 ($47,485); debt service, $175,000 ($217,000).

Weed supervisor

Commissioners discussed the potential hire of a weed supervisor to replace John Geidel, who has expressed a desire to leave the position.

“You don’t make many friends in the community,” Geidel said about his weed enforcement duties.

His pay was equally split between the Highway Department and the Weed Department.

“It will be tough to find a part-time certified person, unless they are retired,” Commissioner Gerald Weiss said.

The commissioners decided they will seek an applicant internally first before publicly advertising the position. Geidel said a Highway Department seasonal employee has shown an interest in the job. Applicants must be certified for chemical applications and also have a commercial driver’s license.

Other business

In other business, the commissioners:

• Approved the temporary hire of election worker Lisa Riggs at $10 an hour from Sept. 24 to Nov. 7.

• Heard Geidel, speaking for Highway Department Rusty Weinberg, say repair work on 247th Street west of Loomis should be completed by Sept. 21.

• Heard Commission Chairman John Claggett say the closing on the purchase of the Central Electric Co-op building on North Main Street remains delayed pending the settlement of hail damage claims and repairs.

• Approved the purchase of a 1988 Dyna-Pak roller from federal surplus sales for $8,900.

• Noted they received several complaints of illegal burning near properties west of Ohlman Street. The complaints were directed to the sheriff.

• Approved the expenditure of up to $3,500 for repairs to the Panasonic Arbitrator Video systems used in Sheriff’s Office patrol vehicles.

• Approved the expenditure of $359 for the installation of a wireless router for the county courthouse. The current router does not reach the building’s upper floors.

• Sitting as the Board of Adjustment, approved a variance request by Leroy Dodd for a 17-acre variance that will allow a family member to build a residence and shop on his property in Blendon Township.

Tags: county commission, news, updates, local, davison