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September 2, 2008 meeting minutes

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FRANKLIN COUNTY COMMISSIONERS MEETING
MEMORANDUM & MINUTES
September 2, 2008 @ 9:00 A.M.
Commissioners/Council Public Meeting Room
Those Present: County Commissioners: Thomas E Wilson Eric E Roberts Don VonderMeulen
County Auditor: Susan A Jones
Commissioners Secretary: Carol Westerman
Tom Wilson opened the meeting with the Pledge of Allegiance.
FOSSILL HILL
RE‐ZONE Larry Franzman, Area Plan Director reported a Preliminary Planned Unit Development Plan had been filed for the Fossill Hill Project. They have one year to put a final plan together. Larry said he has one concern and that is with Reservoir Hill Road that it needs to be widened. A Favorable recommendation came from both the Area Plan Commission and the Town of Brookville. The Developer had also talked to the Town of Brookville about water & septic. Eric Roberts had a few questions from the last meeting in regards to the Town of Brookville annexing, they cannot annex until after the year 2010 Census. With regards to the roads, the Town did not say they would or not take over the roads; they said they would provide water and sewage to the project. Ed Derickson, Developer said to Mary Lou Cox with the proper development the drainage would be corrected. Mary Lou Cox still has concern with drainage, when all the clearing is done, it will be a problem. Tom Wilson said if they provide an Engineering Study on the drainage. Yes, a drainage plan would need to be provided, core drilling still need to be done to put the plan together. Eric asked Joe Gillespie after development run‐off. Joe said there will be a place on the plan that would need to be approved by Drainage Board, just like any other development. The after development run‐off would not be any more than the before development run‐off. Larry said a Rule‐5 has to be filed and approved by the State. Don VonderMeulen asked if for some reason the Unit Development would not go through, would it stay Unit Development. Larry said after 2‐years if nothing is done as proposed, the Broad of Zoning Appeals would vote to put it back to Residential‐1. Stanley Monroe said he is not sure of the drainage, should the re‐zone be file separate, such as for commercial. Larry said everyone is afraid of the unknown; a soil boring would need to be done to put the drainage plan together. Ed Derickson presented the Rules for the Covent, which would be in the Property Owners Association Policy and Rules Handbook. Jim and Karen Frank, one of the property owners were present. Eric asked about the roads in the development, are you going to ask the County or Town to take them over. Replied, yes at some time, have asked for the road specifications from the County and Town. There is a total of 40 acres; the development would cover 40‐60%, plus commercial development. Green space would be the buffer, would be common property for the property owners. The question of pre‐sales has been brought up around the area. No there is no way to set price, it’s too early in the project to have all facts together. Tom Wilson asked Mr. Derickson if he can give a verbal word to Mary Lou Cox, that there will not be any more run‐off that before for after development. Mr. Derickson said there will not be any more run‐off, will give written after study is completed. Mrs. Cox said she wants something in writing and notarized. Tom Wilson said if after the Engineering Study is complete and they see it will affect Mrs. Cox’s Property and other residents, they will not approve the plan. We want the development, but we want to also protect the surrounding property owners.
ORDINANCE
2008‐19 Eric Roberts moved to approve the Re‐Zone from Residential‐1 to Unit Planned Development for the Preliminary Study for Fossil Hill. Don VonderMeulen seconds the motion. Tom Wilson abstained. Motion carried.
BROOKHILL DRIVE
RESOLUTION
2008‐28 Don VonderMeulen made motion to adopt Resolution 2008‐28 to accept Brookhill Drive into the County Highway System. Tom Wilson seconds the motion. Eric Roberts, voted No. Motion carried.
ST. MICHAELS
FUND RAISER
COURTHOUSE
LAWN Tom Wilson motioned to allows St. Michaels to hold a Fund Raiser on the Courthouse Lawn on September 19th starting at 2:30 P.M., for the Homecoming Parade to raise funds for the 8th Grade Class Trip. Don VonderMeulen seconds. Eric Roberts, All in Favor. Motion carried.
United Way also will be using the Courthouse Lawn on September 19th for Lunch 12:00 – 1:30 P.M.
HIGHWAY ENGINEER
WEEKLY REPORT
RAILFENCE ROAD BRIDGE 110 & 111 – George Hartman, Highway Engineer presented a copy of Letter from INDOT and they have reviewed the proposed contract between Franklin County and Clark Dietz and found it to be satisfactory for Construction Engineering Services. The Contract is now ready to be approved and signed by Board of Commissioners. The Commissioners asked John Farrar if the price for construction engineering services can be negotiated. Mr. Farrar said INDOT has changed on how a job is quoted, we put all salaries together to the state, add overhead and add 15%, which is the price, and this should eliminate any added cost. The contractor does qualify for meal money after 12 hours on the job and a motel room. Eric Roberts asked if the project goes over 10‐15 days, who pays those fees. Mr. Farrar said there would need to be a good reason why we would come back for more money and that would have to be agreed between the County and State. He feels good about the job.
Tom Wilson motioned to sign the Contract Agreement for Construction Engineering Services with Clark Dietz for RailFence Road Bridge 110 & 111. Don VonderMeulen seconds the motion. Eric Roberts, All in Favor. Motion carried.
ENOCHSBURG COVERED BRIDGE 73 – George had presented a letter from the Department of the Army Corps of Engineers and they have issued a Nationwide General Permit for the Enochsburg Covered Bridge Project. George had finally heard by fax from Kim of J.A. Barker Engineering Office stating. We should have all documents complete. I don’t foresee a problem with meeting these deadlines. The Contract Date is scheduled for September 17,2008 and Bid Letting set for December 12, 2008.
PIPE CREEK BRIDGE 48 – George mentioned we also received a Notice from the Department of Army Corps of Engineers that a Nationwide General Permit had been issued for the Pipe Creek Bridge 48 Project, for the placement of rip rap for this project. Kevin Loiselle mentioned that DNR‐Division of Water is concerned about the dimensions of the rip rap slope protection and may
recommend an option with more vegetation and less stone. The Memorandum of Agreement and other Documentation should be ready for Commissioners Signatures.
MID ROAD BRIDGE 71 – George reported that reconnection of phone lines to the cable will be completed today. The County Highway should then be able to finish the shoulder work and paving by tomorrow.
PIPE CREEK ROAD LOW WATER CROSSING – As George had discussed previously, the concrete driving surface has cracks, and the culvert pipes become blocked and are a maintenance problem. Marty Hon of E & H Bridge and Grating, Inc. provided a couple of proposals for an all steel bridge for a 25 foot in length $17,359.23 and for a 38 foot in length $29,931.10. This would be a temporary repair to improve channel flow. If these proposed spans are put in, the bridge would then qualify to be put in the County Bridge Inventory and be able to qualify for federal aid. Tom Wilson asked what the total cost for the project would be. George estimated less than $50,000., for abutments and elevate the bridge. Don VonderMeulen asked about a 2‐span structure, to lower the cost. George feels there would be more time in building the bridge and maintenance would be high. Tom asked George if we put in the steel beams and grid deck, can it be used at another location, George said yes, could b e modified to use at a another location. Tom asked where would the funds come from. Eric feels George need to come back to use with final price. We need to make sure we have the funding.
2008 STORM DAMAGE TO HIGHWAY INFRASTUCTURE ‐ George reported the letter signed by the Board of Commissioners to USDA, Natural Resource Conservation Services was delivered to the USDA Office on Oxford Pike and forwarded to the Indianapolis Office by August 30, 2008, to be eligible for Emergency Watershed Protection Program. This will place out request for project funding at a higher level than those received in September.
Levee Road ‐ It was determined that Levee Road is not eligible for Emergency Watershed Protection Funding. The Whitewater River has been changing course in this area for a number of years and NRCS cannot use EWP Funds.
Harvey Branch Road ‐ Also not eligible is the Harvey Branch Road Slope for Emergency Watershed Protection Funding, due to the temporary fill material that has been placed at this site. Because this loose aggregate and concrete rubble will be washed away during the next storm. George reported he had given Contract Bid Documents to the Contractor’s to bid on the project. Bids are Due 10:00 A.M. on September 8th.
Stone House Road – George had reported that Stone House Road is an acceptable project for Emergency Watershed Protection Funding. He had received the estimate and plan information. Hauling materials by the Franklin County Highway Department could provide in‐kind service plus Lilly Endowment Grant Funding.
Wolf Creek Roadway Stabilization – George reported the Wolf Creek Project funding could be provided if approved for Lilly Endowment Funds for a French drain construction.
ETC Doug Foster of Enhanced Telephone Communications (ETC) reported that ETC has opened their office at 613 Main Street in Brookville. There company offers phone service and high speed internet service. Looking to open up service in the area in the next couple of weeks. They will be notifying businesses in town on Main Street and one block in each direction. Pricing and service has still to be determined. Eric Roberts asked for a quote for phone line and T‐1 Line to connect the (3) Buildings and would like to have a quote on the high speed internet service. The Contract with Verizon is up in November and Contract with Citadel is up in December. Mr. Foster said he will be providing a quote for high speed internet, internet service, web hosting and phone service.
MINUTES Eric Roberts moved to approve the Minutes of August 18, 2008. Don VonderMeulen seconds the motion. Tom Wilson abstained. Motion carried.
CLAIMS Tom Wilson motioned to approve claims dated September 2, 2008, except for (3) checks. Check to Terry Asphalt for $204.485.40, until we talk to our County Attorney. Check to Blust Motors for $29,350.00, until we take delivery of Dump Truck. Check to Jay Shullman for a week until contract agreement is presented. Eric Roberts seconds the motion. Don VonderMeulen, All in Favor. Motion carried.
TOURISM
BOARD Dennis Kolb asked if there was decision on appointing a Board Member to the Franklin County Convention, Recreation and Visitor Commission Board. Don VonderMeulen would like to see the Chamber of Commerce and Tourism Board to work together and have one of the Members on the Tourism Board and a Tourism Board Member on the Chamber of Commerce. Don had asked that JoAnn Prickel and Mary Ann Hart put a proposal together. Dennis said we tried that several years ago and it won’t work.
REX Alan Fore and Ellen Townsend, Representatives from REX came before the Commissioners in regards to the Franklin County Permit Utility Agreement. A Letter was faxed to Eugene Stewart on Thursday, August 28, 2008 saying, see below:
There have been developments with regard to FERC’s construction schedule for the REX East Pipeline Project. Gene, we need to receive written confirmation today from you with regard to the County Commissioners’ position with respect to entering into the Utility Permit Agreement with REX. If the Commissioners are not willing to enter into this agreement, REX intends to file a suit for declaratory judgment and injunctive relief either today or tomorrow. Time is of the essence in this regard. While REX does to want to derail any potential resolution with the County, REX is out of time. Please contact Phil McKiernan or Allen Fore today. Thank you. Very truly yours, s/ Ellen Morrison Townsend.
Alan Fore stated that the REX Pipeline project is in full construction up to Indianapolis, the next phase is Morgan, Shelby, Decatur and Johnson Counties, then Franklin County. REX is getting closer to get approval for our Permit. We would like to reach an agreement with Franklin County with the Utility Agreement. Tom Wilson asked if REX would pay for fees for an Inspector to oversee the road, stream crossing and areas adjourning the roads areas in Franklin County. Also asked if in this agreement would state needs to include all utilities and what can be put through these lines. Alan Fore said this is regulated by FERC and would need approval if any changes are made and would be brought back to the County for Approval. Mr. Fore explained that there would be a 48‐hour notice for road borings and crossings. Before any construction begins in Franklin County, there would be a meeting to set down with Officials with a specific plan on what is going to be done. Such as roads that will be traveled and roads that will be bored. REX will be posting a bond and will also discuss fees, etc. Tom Wilson asked about roads that are going to be used, the equipment will be huge, how will they affect School Bus traffic and the EMS getting through. This will be
discussed with George Hartman and Highway Officials. When we enter into an agreement, the contractor will be bound by it. Eric Roberts questioned some of the earlier maps on the temporary access roads on the Western side of the County, not showing on other parts of the County. Mr. Fore said it is there practice to stay on the Right‐of‐Way. We will discuss with the Contractor, to stay within the right‐of‐way. The Traffic Control Plan is on file with the State and would be also discussed with County Officials. Tom Wilson would like to see the proposed plan before the Notice to Proceed to given. Allan Fore said the proposed plan is on file with FERC and the practice has been to meet with appropriate people in the County for road use etc. We would like an agreement in placed before we get to Franklin County. Tom Wilson asked what the typical bond amount is. Mr. Fore said there is a $2 Million Dollar Bond for Decatur, Johnson and Shelby Counties. Tom asked what about all the hills and hollars in the County for slope stabilization purposes. Allan Fore replied we are obligated to repair any damages to roads, or even private property. Maintenance on the pipe or line is maintained for the life of the pipeline project. It was asked if the bond obligation would it be for a year or during the construction period or from when contract is signed. Mr. Fore will check out. The Board of Commissioners would like for the Bond to be for a year after the project is completed. Allen Fore asked about the Permit Fee. Commissioners asked John Farrar of Clark Dietz what would be the going rate. Mr. Farrar replied $95.00 per hour, between $65,000 ‐ $85,000. We have agreed with Shelby and Decatur Counties a one‐time fee of $30,000. Based on the fact that Decatur County is different since that is the County where the pipe yard is located and will have the overweight loads. John Farrar asked how the roads will be gone under. Roads would be bored unless something is identified before boring is done. Also the Contractor would be working 6‐days a week, 10‐hours a day. Ellen Townsend will revise the agreement and get with Gene Stewart and then will get with the Commissioners on Friday Morning at 9:00 A.M., September 5, 2008 at a Special Commissioners Meeting.
ADJOURN Tom Wilson motioned to adjourn. Don VonderMeulen seconds the motion. Eric Roberts, All in favor. Motion carried.
Others Present: Ed Derickson Jim Frank Karen Sue Frank Seth T Whitecotton Stanley Monroe Scott McDonough Joe Gillespie Larry Franzman George Hartman Mary Lou Cox Jay Shullman Tony Ridolfp Ellen Townsend Doug Foster Dennis Kolb
John Farrar Mike Farrar Marty Hon Jay F Shullman
AYE NAY
_S/ Thomas E Wilson___________________________ ______________________________________________
Thomas E Wilson Thomas E Wilson
_S/ Eric E Roberts_____________________________ ______________________________________________
Eric E Roberts Eric E Roberts
_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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