Saturday, December 5th, 2020

March 19, 2007 meeting minutes

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Commissioner Mtg. 3/19/07 @ 9:00 a.m. in County Commissioners Room
Those present:
Louis Linkel Eric Roberts Thomas Wilson Franklin County Auditor: Carol L. Monroe
*Louis Linkel opens with pledge of allegiance
I. Rezone property for Bill Schirmer (A2 to 11)
a. Renee Stivers – went to Area Plan (meeting) last week and they are sending a favorable recommendation. It is
Franklin County’s closest connector to the interstate. We should be getting a lot of calls on this as far as industry.
He has done a lot of things on this property so that it is not offensive to the neighbors.
b. Bill Schirmer – back in 1996 there was some discussion of an industrial park and everyone out there was
concerned about the restrictions-myself included. Since last fall I have been approached by four brokers. The
piece of property I own sits back six to eight hundred feet and already has a natural buffer. We are offering this to
you and our thought was to be proactive than reactive. I am told that if you are not three miles within an exit ramp
you are undesirable. My biggest concern was with the neighbors-if you were to rezone it we could put some
restrictions on it ourselves. I could work with the neighbors to create some buffers (noise, etc.). This would be rezoned
to I-1 and in the new text it does not require a buffer. We would come in and put some deed restrictions in
place. The only other thing we wanted to address is water retention because we didn’t want to dump a bunch of
water on our neighbors.
c. Thomas Wilson – questions water and sewer
d. Bill Schirmer – water is close and feels something could be put on site for sewer (maybe like J&J and Sperry)
e. Thomas Wilson – what do you have in mind for who you would sell to.
f. Bill Schirmer – how you could regulate that would be difficult. Something that would bring jobs and something
that would bring tax revenue. Any implications we could put in place with a larger number of employees that
sounds stable and would not up and disappear. Would like to work back and forth with Renee (Stivers). Will be
talking hand in hand. I have spoken with seven of the eight property owners (hand delivering certified mail). Have
seen enough property in this county sold to developers and split up. Trying to get a handle on this.
g. Thomas Wilson – we need industry and jobs.
h. Renee Stivers – several years ago when we went through the comprehensive plan we marked that area for
infrastructure. It was acceptable by a majority of the CIC.
i. Eric Roberts – are you going to retain ownership?
j. Bill Schirmer – all we are interested in is control
k. Thomas Wilson – I think you have thought this out pretty good. We need control and we need jobs.
l. Louis Linkel – since it came to us for a favorable vote; motion to approve (Ordinance 2007-04)
m. Eric Roberts – seconds the motion
n. Thomas Wilson – all in favor; motion carried
II. Minutes (March 12, 2007)
a. Thomas Wilson – motion to approve minutes
b. Louis Linkel – seconds the motion
c. Eric Roberts – all in favor
III. Waive Building Permit Fee for Franklin County EMS
a. Louis Linkel – motion to waive building permit fee on EMS (up to $500.00)
b. Thomas Wilson – seconds the motion
c. Eric Roberts – all in favor
IV. Adopt Fee Schedule for Transfer Station
a. Thomas Wilson – motion to adopt fee schedule (per pound)
b. Eric Roberts – seconds the motion
c. Louis Linkel – all in favor
V. E-911 Director
a. Tracy Lightfield – my assistant felt she did not have time with family obligations to take care of the things that
needed to be taken care of. I asked the other dispatchers and had two give me verbal and only one followed
through with a written. My recommendation is to appoint John Hundley as my assistant 911 Director
b. Eric Roberts – motion to appoint John Hundley as assistant 911 Director
c. Louis Linkel – seconds the motion
d. Thomas Wilson – all in favor
VI. Waive Permit Fee for New Building at Animal Shelter
a. Thomas Wilson – motion to waive
b. Louis Linkel seconds the motion
c. Eric Roberts – all in favor
VII. Weekly Highway Engineer Report, George Hartman
a. Bridge #38 / St. Mary’s Road over Wolf Creek at Pumphouse Road and Wolf Creek Intersection
i. Held preconstruction meeting last Monday
ii. Closed to construction on March 14
iii. See photo of numerous steel beams (removed)
1. twenty-six foot long
2. could be incorporated into an abutment
3. Could be used as a temporary fix on Stockpile Road (Culvert No. RA-2901)
4. Thomas Wilson – we need to do the same with Teehill
iv. Reinforcement steel delivered Thursday morning
b. Bridge #100 / Johnson Fork Road over Branch of Johnson Fork (stream)
i. Attended preconstruction meeting with Chester (Ball-Forman)
ii. Big issue is relocation of utility lines
1. Whitewater Valley REMC
2. Cincinnati Bell telephone
3. Franklin County water
iii. initially Whitewater Valley intended to leave line active and after a meeting a new line was established
iv. Cincinnati Bell indicated that they wanted to be permanently located on new pole line
v. site meeting tomorrow meeting tomorrow at 9:00 (a.m.)
vi. Franklin County water was not at the meeting
vii. see letter from McMillin
1. Gene Stewart – want to have some discussions (with J.). Wouldn’t commit to paying at this time.
2. don’t think this will slow the project
viii. Notice to proceed (by consultant) – See attached letter to Mr. Barth (flip tape one)
1. Louis Linkel – motion to sign
2. Thomas Wilson – seconds the motion
3. Eric Roberts – all in favor
c. Bridge #10 / Duck Creek Road over Duck Creek / Low Water Crossing (Bridge #164 and Bridge 100)
i. Franklin County is eligible for two additional projects
ii. See (2) photos
d. Bridge #117 / Columbus Avenue over Little Laughery Creek (Batesville)
i. See (2) photos
ii. Constructed in 1935
iii. 61 feet long with 19.5 fee road width
e. Programmatic Sign Improvement Project – Federal Aid Hazard Elimination and Safety Grant
i. Commissioners signed agreement
ii. Money will come by reimbursement
1. time limit of 172 calendar days
iii. talked about renewal of agreement with Stello Products
1. Louis Linkel – we are going to need that extension
iv. Todd Zellers – we did win the bid and we did purchase the material-it is sitting on my production floor. If
we did re-bid this project there would definitely be an increase in signs and posts. There is a dramatic
increase in materials and you would have more bureaucratic red tape from I.N.D.O.T. Do you have any
questions?
v. Thomas Wilson – if it is going to be held at the same price, don’t know why we couldn’t.
vi. Todd Zellers – reviews graph’s distributed to Commissioners (on file with Commissioners)
vii. Louis Linkel – motion to sign extension
viii. Eric Roberts – seconds the motion
ix. Thomas Wilson – all in favor
x. See renewal of contract for purchase of materials
f. Bid for Chip Spreader
i. Louis Linkel – award bid to Southeastern Inc.
ii. Thomas Wilson – seconds the motion
iii. Eric Roberts – all in favor
VIII. Subdivision, Lake Meadows Estates (Dave White)
a. Joe Gillespie – the entire property was eligible for one building permit. His daughter lived back there and he didn’t
finish the road. His daughter has moved and now he wants to finish the road (1,950 feet). Dave is getting quotes
from pavers and wonder if there should be some investigations by Nutting or someone so that he doesn’t have any
problems.
b. Thomas Wilson – if I was doing it I would want someone to look at it.
IX. Taxation
a. Sharon Halcomb – don’t think they are going to ok my sales disclosures from 2005. Going to check another stack
of exempt. Currently we are waiting on AS2 (our sales disclosure company). Our plan is to have those in a day or
two and hope that will take care of the problem. If they ok my ratio studies we can finish up and send the values to
the Auditor.
b. Carol L. Monroe – would like to have one due date but send them out when they are ready.
c. Sharon Halcomb – I thought we had them all, but glad we found some.
X. Contracts
a. Sharon Halcomb – have contracts for the new construction for the trustees. This year the bid from Nexus
($7,000.00 last year) is $13,750.00 and Appraisal Research is $16,460.00. This is a way to get it more timely and
uniform. We pay it out of Reassessment.
b. Louis Linkel – motion to sign contract
c. Thomas Wilson – seconds the motion
d. Eric Roberts – all in favor
XI. Surplus at Highway
a. Louis Linkel – We are putting four vehicles auction at Whites’ (March 31)
i. (1) 1991 Chevy S10 Vin. #1GCCS14Z0M2278381
ii. (1) 1995 Ford F350 Vin. #2FVHF37H7SCA02799
iii. (1) 1987 Ford L9000 Semi Tractor Vin. #1FDYW90W3KVA12428
iv. (1) 1987 International Model 1954 Vin. #1HTLDTVN6HH531355
XII. Purdue Extension Annual Contract
a. Louis Linkel motion to sign
b. Thomas Wilson – seconds the motion
c. Eric Roberts – all in favor
XIII. Guns for deputies (tape two)
a. Eric Roberts – move to allow deputies to buy all service weapons for $1.00.
b. Louis Linkel – seconds the motion
c. Thomas Wilson – all in favor
XIV. Recess to 1:00
XV. Rex Pipeline Express
a. Jason P. Wischmeyer – we are here to give some brief information and address some of your concerns.
b. Allen Fore – over the last several months have had a serious of meetings. Hopefully we can answer some of the
questions you have. Pipeline of over 1600 miles in length. Regulated by federal commission. Right now we are in
the pre-filing phase of the project. Rex East specifically we hope to file for certificate within the next 30 days.
Specifically we cross about 28 miles in Franklin County. 85% of the tracts are approved by land owners to survey
those tracts. After survey permission we seek easement of 50 foot permanent and 75 foot construction.
Construction to begin after spring of 2008. When we actually file the certificate that will set our route. I
understand there are concerns about road crossings. We are still in the early part of the process. We want to be
open and transparent in the process. This is an important investment in the energy. This is taking the gas that is
plentiful in the west and taking it to where it is needed. This in not simply a pass through. There are interconnects
along the route and those companies will have access to the gas in the pipeline. We don’t own the gas we just
provide the transportation of the gas. If the certificate is granted, early spring of 2008 with construction to be
completed by end of 2008. We have an office in Decatur, Illinois and Columbus, Ohio.
c. Louis Linkel – have a lot of people with a lot of concerns
d. David Lowry – if we look at the explosions (ex: Wyoming). This is coming within 100 feet of our homes with
1100 impact, we don’t have a chance. We just had a failure of the Alaskan pipeline, what is to say Rex won’t fail.
Why aren’t we using the easements in the North where the terrain is flat? Whose is going to manage the integrity
of this system? We have one area plan commission. Who is to say you (Rex) who is farming out all of this, who is
going to manage the integrity of these people? Rex is not answering questions-we are using deceit. I question the
80% of people.
e. Eric Roberts – have you filed for rule (5) permit?
f. Allen Fore – we haven’t filed for anything yet. That is when we will file our formal route. Each individual land
owner we are working with know the route.
g. Louis Linkel – we need an updated map
h. David Lowry – when? We have been asking for it for a year.
i. Allen Fore – When we file our certificate there will be a map.
j. Thomas Wilson – why Franklin county? Why not shoot straight across.
k. Allen Fore – We were following the panhandle and it is not physically possible to go through Carmel, Indiana. The
most direct route according to our planning is the route we have taken. We have made many adjustments to work
with land owners. When he (right of way agent) goes onto their property we try to do our best to work with land
owners
l. Monica Yane – the other day I read something about there is a federal regulation that if you go through a sparsely
populated area they can use a thinner pipe. We have a thin pipe and don’t have any safety.
m. Allen Fore – there are a lot of factors and we follow all applicable guidelines. I can certainly say the folks that are
doing this have been in it for many, many years. We will get into detail when we meet with those individuals.
n. Thomas Wilson – just because they are guidelines, doesn’t make it right
o. David Lowry – why does Rex have such a bad track record (Wyoming)
p. Allen Fore – we are investigating that. As part of the construction process there will be inspectors out on the line
on a regular basis before the pipeline is ever brought on line.
q. Eric Roberts – who pays the inspector?
r. Allen Fore – we will have some and the federal will have
s. Eric Roberts – if you are paying the inspector, how do we know?
t. Allen Fore – we are held to standards and the federal government can bring particular regulations on us to bear. It
is important to us. We are working with the state of Indiana and anyone that has jurisdiction on this line. I
understand that if someone had a choice they would want it to go down the road
u. Louis Linkel – maybe the next county
v. Allen Fore – the Rex West document talks about what we do and all of the things we need to do.
w. Thomas Wilson – after the project is finished and of these hill are going to slide
x. Dave Thompson – when a pipeline comes down a hill the expanding foam comes down the pipeline to prevent
erosion.
y. Louis Linkel – the damage to the county roads bothers me
z. Eric Roberts – you have approx 27 road crossings in Franklin County
aa.Dave Thompson – we are going to be crossing roads however you say we need to do that.
bb.Allen Fore – this line is going to be around for a long time
cc.David Lowry – you are going to have natural erosion and you are not responsible for the natural erosion?
dd.David Thompson – (side A of tape 2 #430) the top of the pipeline will be at least five feet below creek bed and
three feet for soil.
ee.Allen Fore – we are trying to be good neighbors.
ff. David Lowry – if Rex wants to be a good neighbor, information is a part of that. Why are you keeping it a secret
of why and where it is going?
gg.Allen Fore – the proposed route; we have identified on the website the proposed general route.
hh.David Lowry – we have contacted you office and was told unless it effects your property directly, they cannot give
out that information
ii. Allen Fore – every day we have done different alterations on the route
jj. David Lowry – if you take 100 feet of my road frontage I can’t develop
kk.Eric Roberts – what does that do to our tax base of on this corridor?
ll. Allen Fore – we will be paying taxes to you. I would encourage (you) to work with our right of way agent, he is
here all of the time so you have a local contact, we have folks in Indianapolis. We want to be responsive.
mm. Larry Franzman – Jason and I talked about a month ago. We wanted to set something up with
commissioners so that we could understand the people to contact and where the pipeline would go. One thing that
bothers me is that at some point in time it needs to be warehoused some time and wants to know where these
people (500) are going to go. Everybody in this room can appreciate we need to work together. Is there anyway
we can take it down another foot so that we are not bothering peoples tiles in their fields? Those are some of the
things we have asked. (flip tape 2)
nn.Eric Roberts – we have fields that are tiled three to eight foot deep and you will have to go under them and won’t
find it until construction starts
oo.Ruthie Mannix – what legal recourse do we have
pp.Christie Billings – a lot of these concerns we are already aware of. Each detail will be reviewed as long as it takes.
qq.David Lowry – until emanate domain
rr. Christie Billings – we will work with land owners-that is our hope to sit down with each land owner and discuss
ss. Ruthie Mannix – our property isn’t directly effected by we are downstream.
tt. Christie Billings – raise it as such as meetings such as this and let us evaluate it
uu.Gene Stewart – would this be state or federal court system
vv.Christie Billings – it would be federal energy regulatory commission (F.E.R.C.).
ww. Allen Fore – if you have a question of concern, we will be responsive to stake holders. There avenues, go
onto the F.E.R.C. website.
xx.Thomas Wilson – who controls F.E.R.C.?
yy.Allen Fore – the commission serves at the pleasure of the president.
zz.Monica Yane – the federal government say you can’t build within a 50 foot easement but the 1100 feet would be
89 areas.
aaa. Thomas Wilson – I would hate to give permission for a subdivision and something happen
bbb. Larry Franzman – there are several instances with subdivisions of 20/30 homes within the blast area
ccc. Allen Fore – we are following all federal regulations. If there are plans for construction, please let us know
ddd. Ruthie Mannix – Rex being a good neighbor, would you make the commitment to using the best pipe?
eee. Eric Roberts – what if we required a class four pipe in our zoning text.
fff. Allen Fore – the F.E.R.C. is the ultimate authority. But certainly we could work with all of you.
ggg. Eric Roberts – we could require you to put it twenty feet.
hhh. Jason Wischmeyer – I was assured we were just coming here to discuss things we cannot make
commitments. We don’t know where the drainage tile is, clay fields, etc. Rex wants to work with the
Commissioners
iii. Eric Roberts – our first priority is to protect the people of the county
jjj. Jason Wischmeyer – we are not going to put a pipeline in here with the expectations of blowing up. It has got to be
an open dialogue of the project but F.E.R.C. is going to have the final say so over this project.
kkk. Allen Fore – a mitigation plan-we have been working with Indiana Farm Bureau on this plan
lll.Monica Yane – there is a bill that has passed the senate
mmm. Thomas Wilson – bill 529
nnn. Renee Stivers – directly or indirectly how is this going to affect Franklin County.
ooo. Allen Fore – the gas that is coming to this pipeline, the nearest company will be in Shelby County. When
we provide this amount of natural gas to any area it helps the market in the area.
ppp. Louis Linkel – is there a chance of adding one to the county. It would be a considerable expense.
qqq. Susan Jones – could we get some kinds of proceeds off of that?
rrr.Allen Fore – that is an interesting point. Rockies express is only the transporter. Others own the gas; we just make
sure it gets from one point to another.
sss. John Estridge – refers to problems with Rex Pipeline surveyor (arrested, etc.)
ttt. Allen Fore – our tract record is good and working hard to resolve that. When we formally file our application it
becomes public record and that will be accessible through F.E.R.C. The people that will be directly effected by it
they will know.
uuu. David Lowry – I represent my neighbors and none of us have been contacted;
XVI. Adjourn
a. Eric Roberts motion to adjourn
b. Louis Linkel – seconds the motion
c. Thomas Wilson – all in favor
Those also present:
Susan Jones, Secretary George Hartman, County Engineer Renee Stivers
Don Vonder Meulen Larry Franzman, Area Plan Director Mike Selke, News Examiner
Gene Stewart, Attorney John Estridge, Whitewater Publications Bill Schirmer
Don Miller Todd Zellers, Stello Products Tracy Lightfield, E-911 Director
David Lowry Joe Gillespie, County Surveyor Jason Wischmeyer
Monica Yane Allen Fore Ruthie Mannix Christie Billings
APPROVED ON 03/26/2007

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