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January 12, 2009 meeting minutes

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FRANKLIN COUNTY COMMISSIONERS MEETING
MEMORANDUM & MINUTES
January 12, 2009 @ 9:00 A.M.
Commissioners/Council Public Meeting Room
Those Present: County Commissioners: Eric E Roberts Thomas E Wilson Don VonderMeulen
County Auditor: Susan A Jones
Commissioners Secretary: Carol Westerman
Eric Roberts opened the meeting with the Pledge of Allegiance.
WEEKLY REPORT   Sharon Halcomb, Assessor reported she is awaiting pending approval for 2008 pay 2009 tax sets, hoping to have values to Auditor’s Office later this week. The Deadline for exemption was December 31, 2008, going through and checking the last of the filings. Susan Jones, Auditor reported Manatron is fixing the last of the problems with the balance sheets and Treasurer’s Office needs to reapply some taxes. Sharon mentioned that Susan is interested in checking out other software vendors for property taxes. Sharon mentioned as long as she can interface with the software vendor.
REX
PIPELINE    Barry Moorman, Representing Rex is requesting the use of Jake Road as an access road. Eric Roberts asked if they have a video of this road. Moorman said not yet, but will make one. Eric stated you have been using it. Moorman said yes a couple of times. Eric had seen that trucks that are being parked alongside of roads. Tom Wilson that is what is causing all the mud on the roads. Eric Roberts looks like the mud is not as bad as it has been. Don VonderMeulen the ground is freezing. Don VonderMeulen asked for a monthly update. Tom Wilson said at the road crossings there are cleat marks on the roads and asked if they will be restored. Barry Moorman said yes they will. There was a complaint from someone in attendance of the Commissioners Meeting, did not get his name, but address is 7820 State Road 229. Complaint is road sweeper sweeping mud in their driveways. REX Officials will check out.
Don VonderMeulen makes motion to allow REX Trucks the use of Jake Road. Tom Wilson seconds, as long as it’s videotaped. Eric Roberts, All in Favor. Motion carried.
HIGHWAY ENGINEER
REPORT BLUE CREEK BRIDGE 94 – George Hartman, Highway Engineer reported that an Executive Session was held with property owners in regards to negotiation of Right‐of‐Way for the Blue Creek Bridge 94, Bridge Replacement Project. Don VonderMeulen reported that they did not come to agreement, the next step is to start condemnation proceedings. Decision based on if condemnation proceedings are done if this project can be included in the Federal Stimulus Program. If the project is too far off than hold off on the condemnation. Tom Wilson asked how long does it take for condemnation. Gene Stewart said it could be quick or it could take awhile to get it started. Would take a couple of months. George Hartman talked to Steve Flores last week looking to have packages together quickly, the first round for request of stimulus funding has been submitted. Takes approximately 13 weeks to have everything together. Don VonderMeulen said need to start condemnation proceedings, have changed and amended plans several time. Joe Gillespie mentioned this bridge is a priority bridge, even before the mention of the stimulus package.
Drew Barth of Howard J Barth & Associates reported the estimate for the Blue Creek Bridge 94 project is $935,000.00, for the project to move forward, funds need to be in place. Eric Roberts asked if we need to request additional federal funding for the project. Letter was presented for the Utility Relocation addressed to John Shipley of Verizon. This letter approves the work plan and authorizes Verizon to begin work outlined in the relocation plan.
Don VonderMeulen made motion to sign Letter to Verizon for Relocation of Utility Lines. Eric Roberts seconds. Tom Wilson asked if it will be within the County Right‐of‐Way. Drew Barth said yes. Tom Wilson, All in Favor. Motion carried.

PIPE CREEK BRIDGE 48 – George had received a Legal Notice for Planned Improvement for the Pipe Creek Bridge 48 Bridge to be advertised on January 14th and January 21st 2009. Persons may submit comments on or before February 4, 2009. After this date it will be decided if a Public Hearing is needed. The categorical exclusion can be finalized and submitted to INDOT and FHWA for approval and signatures. Kevin Loiselle of Clark Dietz is estimating this maybe the later part of February. After design approval is given by INDOT, then Right‐of‐Way Acquisition can proceed. The consultant must then still submit final plans for review by INDOT.

SNOW HILL COVERED BRIDGE 102 – Joe Gillespie reported that he has made several attempts and has written (2) letters this past week to the Grubbs. Waiting to hear from them. Joe reported he had also received the Offer of Purchase from the Weavers, the Legal Description is at Gene Stewart’s Office for the Documents to be prepared. The Check will be written and paid out on February 2, 2009, after that date will get deed signed and deliver payment. George reported that he had talked to Kevin Loiselle and was told that Clark Dietz has not completed plans for the sprinkler system building. They are connected with an Electrical and Mechanical Engineers who may be able to complete the drawings. Did receive approval for additional funding of $376,500.00 The total funding available for the Bridge 102 Project is $892,500.00. Tom asked what the additional $22,000.00 is for. George said Kevin will be at next week’s meeting to explain.
ENOCHSBURG COVERED BRIDGE 73 – George reported that the Bid Opening is scheduled for January 14, 2009. George also reported that Kim Hall of J.A. Barker Engineering has had contact with INDOT and INDOT has questions regarding the utilities within the project construction limits, which need to be relocated. The Board of Commissioners had signed an Agreement with Napoleon Rural Water in January 2005. George said he had forward this letter to Barker Engineering and INDOT.
OLDENBURG VINE STREET BRIDGE 164 – George reported that Drew Barth had resubmitted LPA Claim Voucher No. 7 (Final) for the Oldenburg Vine Street Bridge 164 Project. There is a revised LPA Claim and claim needs to be resigned by Commissioners.
Tom Wilson motioned to sign the revised LPA Claim Voucher for Vine Street Bridge 164. Don VonderMeulen seconds. Eric Roberts, All in Favor. Motion carried.
RAILFENCE ROAD BRIDGE 110 & 111 – Had received fax from Clark Dietz informing the County that McAlister Excavating Co. had been given Notice to Proceed with the Railfence Road Bridge 110 & 111 Bridge Project. Completion date has been moved from October 23, 2009 to January 11, 2010 due to the delay in issuing the Notice to Proceed. Contract Price $1,809,591.44. McAlister Excavating will be moving in equipment and will give advance notice when the road will be closed.
4TH QUARTER LOCAL PUBLIC AGENCY REPORTS TO INDOT – George has updated reports for INDOT from Consultants for Bridges 94, 48, 102 and 73. Forms are ready for signatures, along with a Cover Letter to be sent.
Don VonderMeulen made motion to sign the 4th Quarterly Reports and to sign Letter to Brandi Fishvogt. Eric Roberts seconds. Tom Wilson, All in Favor. Motion carried.
NORTH HAMBURG ROAD GUARDRAIL DAMAGE – George reported that there was guardrail damage on North Hamburg Road. George and Ray Reese, District Three Foreman discussed the guardrail that had been damaged and seems that the guardrail had not been installed by the Franklin County Highway Department, feels it was installed by the property owner to keep vehicles from going through the property owners fence. The guardrail is located on a 90 degree turn and there is no embankment.
INDOT LOCAL BRIDGE “CALL FOR PROJECTS” ‐ George had presented a Letter from INDOT for Local Bridge “Call for Projects”. Applications will be accepted for federal funds for local bridge projects. Applications must be received by February 23, 2009. George is asking if Commissioners want to add Duck Creek Road Bridge 10 to the Federal Project List for Funding. No decision was made at this time.
COVERED BRIDGE
CERTIFICATION
A Covered Bridge Certification needs to be signed by Commissioners for 2009 Covered Bridge Funding from the State.
Don VonderMeulen made motion to sign the Covered Bridge Certification, certify that Franklin County has (2) Covered Bridges. Tom Wilson seconds the motion. Eric Roberts, All in Favor. Motion carried.
HARRY
GRAVES Harry Graves presented the Commissioners a List of Questions regarding Economic Development.

January 12, 2009
Franklin County Commissioners, Tom Wilson, Eric Roberts and Don VonderMeulen
Dear Sirs:
I noticed last week that it appears many literature, records, files and equipment have been removed from the Economic Development room. This creates lots of questions. Information was to be requested to aid the Economic Develop Commission.
(1)
Who gave authorization for anything to be removed from this room?
(2)
Was this permission to remove anything, granted at the “Executive Meeting” held last week between Eric Roberts, Don VonderMeulen and James Stivers?
(3)
What equipment was removed?
(4)
Where is this equipment now?
(5)
What files were removed?
(6)
Where are these files?
(7)
Who has control of the files?
(8)
If FOIA request is made to inspect these files what department head receives that request?
I thank you for response to answer these questions.
Sincerely,
S/ Harry Graves
Don VonderMeulen ‐we only have say over County Equipment, what was removed belonged to Rene, what was not removed is County Property.
Tom Wilson‐information belongs to County.
Eric Roberts‐you will need to go to Economic Development Commission, they have met with Rene prior to his final day.
Eric Roberts‐some of the equipment for a fact was Rene’s Personal Property.
Harry Graves stated there was a recorder/answering machine and the answering had worked. Don VonderMeulen said he was not aware of one. Harry Graves, you are saying the Commission has the files. Eric Roberts – the (3) member Commission has files. Tom Wilson said he does not have keys to the Economic Development Room, Rene should of returned keys by know. The Laptop is in question.
TRANSPORTATION
ENHANCEMENT GRANT
Don VonderMeulen reported that Candy Yurack had been forwarded the Agreement for the Transportation Enhancement Grant between Franklin County and the Whitewater Scenic By‐Way Association. Candy was to forward to Board Members and get Legal Opinion. Tom Wilson said the Board Members need to sign and also a place for the Auditor to sign attesting signatures. Scott McDonough asked how many members are on the Board. Don VonderMeulen said he had sent Scott a list and then said there were 19 Members. Don VonderMeulen said he had looked over the Agreement between Franklin County and INDOT. Tom Wilson also said he review, is the same agreement as if it is a bridge project. Eric Roberts asked if there was a deadline. Don VonderMeulen said No, but when things are signed, then things can start. Eric Roberts feels we should wait until the Agreement between Franklin County and By‐Way Committee is signed. Melvin P Allen asked about the appraisals that had been done for the property.
REX
LAWSUIT Eric Roberts asked Gene Stewart where does the REX Lawsuit leave us. Gene replied the Judge is waiting on the discovery process, depositions and so forth before a decision is made.
METAMORA
SEWER BOARD
MEMBER Bob O’Rourke, a Board Member of the Metamora Regional Sewer District had requested that Michael Moore, President of the Board be removed. Mr. Moore has left town and had taken Metamora Sewer Records with him, have made several attempts to get a hold of him and left messages, but no response. Tom Wilson asked that Gene Stewart sent Mr. Moore a certified letter requesting the return of the records for the Metamora Sewer District.
Tom Wilson made motion to terminate Michael Moore’s position from the Metamora Regional Sewer District Board. Don VonderMeulen seconds the motion. Eric Roberts, All in Favor. Motion carried.
UTILITY
CLAIMS Tom Wilson made motion to approve the Utility Claims (January 12, 2009) and claim to FCN Bank for New Phone System Payment. Don VonderMeulen seconds. Eric Roberts, All in Favor. Motion carried.
SISWD
LETTER Received Letter from the Southeastern Indiana Solid Waste District suggesting recycling containers be placed during the 4‐H Fair Week or any other gathering. The Commissioners asked that the Letter be forwarded to the Fair Board.
AREA PLAN
COMMISSION
MILEAGE/GAS
REPORT Larry Franzman, Director for the Area Plan Commission submitted Mileage and Gas Year End Report for 2008 for the (2) Area Plan Vehicles that the Departments uses for inspections.
1996 Dodge Intrepid (January 1, 2008 – June 30, 2008) replaced with 2007 Ford Taurus (July 1, 2008 – December 31, 2008)
Had made a total of 440 Inspections, 234 Trips, 4,722 Miles Driven used 205.1 Gallons of Gas – 23.2 MPG
1997 Ford Taurus (January 1, 2008 – December 31, 2008
Had made a total of 1318 Inspections, 666 Trips, 12,141 Miles Driven used 492.85 Gallons of Gas – 24.6 MPG
INVESTMENTS AND
BANK ACCOUNTS
FOR 2009 Rebecca Oglesby, Treasurer presented to the Board of Commissioners the Investments and Bank Accounts for 2009 as of
January 1, 2009. Becky reported all CD’s are with Bath State Bank for Total Investments of $5,724,314.95. Checking accounts for the General Checking Account and Payroll Account is at FCN Bank. Monies on Deposit for a $100,000.00 Money Market Account at First Financial and Major Moves $250,000.00 Money Market Account at MainSouce Bank. Report was filed in the Auditor’s Office on January 5, 2009.
TREASURER’S
REPORT Eric Roberts asked about the (2) Bad Checks that had been on the Treasurer’s Report for the past several years. Becky Oglesby, Treasurer reported she has turned them over to the Prosecutor’s Office, Becky said she has removed them from the report. The (1) bad check that is listed know, that person has skipped town and it has also been turned over to the Prosecutor’s Office.
Tom Wilson motioned to acknowledge the Treasurer’s Report (December 2008). Don VonderMeulen seconds. Eric Robert, All in Favor. Motion carried.
MINUTES Don VonderMeulen motions to approve the Minutes (December 29, 2008). Tom Wilson seconds. Eric Roberts, All in Favor. Motion carried.
PAYROLL Don VonderMeulen had called Tracy Lightfield inquiring on the comp‐time hours that are remaining after the comp‐time hours that have been turned in for Tracy (200 hours) and Jon Hundley (160 hours) to be paid out. Tracy Lightfield reported that Jackie has 69.5 hours, Tracy has 20 hours, John 20 hours and Jason 100/110 hours. It was also asked about Tracy’s time worked and Vacation days, as she was off sick. Tracy said she had used vacation days instead of sick days, because she had vacation days to use up and also work days so she put time worked.
Tom Wilson moved to approve Payroll. Eric Roberts seconds. Don VonderMeulen, All in Favor. Motion carried.
IT COMMITTEE
MEETING An IT Committee Meeting has been set for Thursday, January 15, 2009 @ 9:00 A.M. with Elected Officials and Departments to discuss proposal from RBSK, Web Site and Proposal from John Steele for scanning of documents.
PUBLIC
COMMENT There were public comments and discussion from Gene Copes, Don VonderMeulen, Eric Roberts, Melvin P Allen, Harry Graves, Scott McDonough, Roy Hall and Tom Wilson. Comments were concerning Economic Development with words going back and forth.
ADJOURN Tom Wilson made motion to adjourn. Eric Roberts seconds. Don VonderMeulen, All in Favor. Motion carried.
Others
Present Chris Basista Barry Moorman Drew Barth Sandi K Baker John Estridge
Robert E O’Rourke Scott M McDonough Sharon Halcomb Janice Kuntz Gladys Jenks
Earl Brewer Melvin P Allen Mike Ferman Susan Grinrell Linda Roy
Gary Baker Doug Foster Harry Graves Brent Roberts Jack Ferman
David Lowery Gene Stewart Bob Brack Jim Day Stan Monroe
Gene Harry Wilson Eugene L Copes Roy N Hall Don Smith Dale Maxie
Doug ? Darrell Smith Jim Suhre William ? ?
AYE NAY
__S/ Eric E Roberts_____________________________ ______________________________________________
Eric E Roberts Eric E Roberts
__S/ Thomas E Wilson__________________________ ______________________________________________
Thomas E Wilson Thomas E Wilson
__S/ Donald M VonderMeulen____________________ ______________________________________________
Donald M VonderMeulen Donald M VonderMeulen
ATTEST: _S/ Susan A Jones_______________________
Susan A Jones, Franklin County Auditor

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