Friday, October 22nd, 2021

April 27, 2009 Meeting Minutes




April 27, 2009 @ 6:00 P.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 her Office and Auditor’s Office have match AV’s with the Cap Allocations.  Has nothing else to report.  Susan Jones, Auditor reported she had talked to the DLGF and should have the Budget and Tax Rates this week.  Union County had certified their AV’s last Thursday.  Union County had signed off on their 1782 Notice and paper work has been submitted to the State.

MINUTES- Tom Wilson motioned to accept the April 13 and April 20, 2009 Commissioner Minutes.  Don VonderMeulen seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

MIDWEST DATA, INC.– Ramzi Nuseibeh of Midwest Date, Inc. had submitted a Proposal for IT Support for Franklin County.  They currently do consulting in Dearborn and Ohio Counties, and McMillin and Rychner Law Office.  Have been referred by several people.  MDI would be willing to provide a contract amount from now to the end of the year.  Ramzi will be attending the County Council Meeting Tuesday, April 28th.  Eric Roberts would like to have the Proposal sent to Offices for their input.

ENOCHSBURG COVERED BRIDGE 73- Gene Eaton of Napoleon Rural Water Corporation reported they had found out last week the site plans were incorrect and 895 feet of water line needed to be relocated instead of 380 feet.  Napoleon Water had agreed to move the 380 feet at a cost of $1,900.00.  They will have a total of $4,475.00 in the project.    Mr. Easton is requesting the additional amount of the $2,575.00 which was above the original amount.  Mr. Eaton had contacted the Project Manager and he had talked to Jim Barker of Barker Engineering and was told he would need to come to the Commissioners.  Joe Gillespie, County Surveyor reported that Utility Relocations is done way before the project is bid.  Joe Gillespie said he would check this out.

LOCAL ELECTED OFFICIAL AGREEMENT WITH REGION 9- Don VonderMeulen had presented a Local Elected Officials Agreement with Region 9 Regional Workforce Board.  Don reported that the County Commissioners need to appoint a CEO to the Board and recommends Phil Harsh who would be a member of a 10 Member Board.  Marty Hon of E & H Bridge reported he sets on the Board of Franklin County.  Mr. Hon said the CEO must be an Elected Official and is a member of the County Commissioners.  Jeff Hughes, Commissioner of Dearborn County is the CEO Appointment.  The Meetings are held on Friday Mornings at 9:00 A.M.

 Tom Wilson nominates Don VonderMeulen as the CEO for Franklin County.  Eric Roberts seconds.  Don VonderMeulen, All in Favor.  Motion carried.  Don VonderMeulen would be the CEO and Phil Harsh is the appointed Member.

 PIPE CREEK BRIDGE 48-  A Title Sheet had been submitted for the Commissioners Signatures for the Bid Plans to be put together for the a Project.  Joe Gillespie, County Surveyor reported he is still working on Right-of-Way Negotiations. 

 Don VonderMeulen motioned to sign Title Sheet for Pipe Creek Bridge 48 Plans.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.  

 PT-TIME HIGHWAY ENGINEER– Don VonderMeulen asked when we are going to bring George Hartman back part-time.  It was said we would need to negotiate an hourly rate, there are documents that will need his signature.  Eric Roberts suggest going to him with an hourly rate at what he was making for 2-days a week.  Also mentioned it will be July before we can hire someone with George’s payout on vacation, sick time and exchange time.  Eric will get in touch with George tomorrow.

 HARRY GRAVES- Harry Graves  reported his had presented documents at the April 6th and talked about highway signs.  Asking that he be notified if anything happens on his property.  He had asked Tom Wilson if he remembers the document  and Tom said yes.  He had asked Don VonderMeulen and Don said that No signs be placed on his property.  Don VonderMeulen we do put up sign without asking permission and Tom said yes.  Harry Graves reported last Friday a sign post was put on is property and was told by employee that Don VonderMeulen gave permission and 7:00 this morning they were attaching something to the headwall of culvert.  Eric Roberts asked if Harry Graves would accept liability on the headwall of the culvert if someone hits it.  Harry Graves ask for a copy of procedures entering on private property.  Don VonderMeulen reported he will check out and take picture and give to Gene Stewart to review sign that was installed.  Tom Wilson we have nothing written down on putting up signs and from now on Harry Graves will get everything in writing before anything is done.  Harry presented a copy of his deed.  Tom Wilson we only have traveled portion of the road.  Harry Graves has filed Liability Declaration and is recorded in Recorders Office with regards to ATV’s encroaching on his property and will update to include Highway Employees and Commissioners.  Harry will hold Commissioners and Highway Employees unlawfully trespassing and give Gene Stewart a copy.  Joe Gillespie, County Surveyor reported we declare a descriptive easement over the roads and culverts, we have acquired licenses. 

MAIN STREET IN METAMORA – Joe Gillespie, County Surveyor reported that he had attend a Commissioners Council on Historic Metamora and 25/30 Residents/Shop Owners of the Town were present.  Most were happy with the proposed project.  Reported that there are other issues outside the scope, other than Main Street.  There are issues with Mount Street and the street over the canal that is the portion of road that is needed to be lowered more.  The Bane House also has drainage issues.  The street is higher than the sidewalks, we are looking a couple of 100 feet in each direction to solve some of the concerns.  Residents are also questioning the color of the asphalt.  Joe reported he will look to expand the project in both directions.

HENNING DITCH- Joe Gillespie reported he had visited Henning Ditch today.  Henning Ditch runs from Abbott Road to Springfield Cemetery.  There is a small bridge a 2 x 6 poured concrete box is eroding behind the wall.  The property owner is Keith Gray.  The Springfield Cemetery uses it for access near Springfield Church.  There is a 48 inch culvert pipe located upstream from the bridge on Oxford Pike, within the Henning Ditch Right-of-Way.  It was asked if the bridge could be replaced with a similar pipe upstream.  Eric Roberts suggested that may the Cemetery would purchase the pipe, if the County Highway would install it.  It’s located on an old un-vacated County Road.  It was asked if we could transfer to Cemetery and repair is made or vacate.  Joe said he would need to talk to Gene Stewart for advice.

 HIGHWAY ENGINEER POSITION               -Eric Roberts reported he will post the Highway Engineer Position on the LTAP Website for Resume’/Applications.

PUBLIC COMMENT– Scott McDonough, Citizen of Franklin County asked if they had received his email and had passed out a revised one.  Rene’ Stivers Unemployment.  There are (3) reasons why he should not be eligible.  The first is that when you resign from your previous employment, you do not qualify for unemployment.  Stivers signed a resignation agreement.  Don VonderMeulen and Eric Roberts made it clear that the Commissioners were not firing Stivers.  The second reason is that when Stivers resigned he signed a statement releasing the County from any further liability.  How can Stivers made an unemployment claim after signing an agreement acknowledging “by submission of my resignation that all benefits to be provided to me under the October 30, 2008?  The third reason is that Stivers is not unemployed.  He is a licensed real estate agent whose license is active.  There is no reason that the Commissioners should not challenge his unemployment claim.  There is no reason that his unemployment application should be investigated.  Scott McDonough asked if the Commissioners were going to challenge the unemployment.  Tom Wilson reported his had talked to Gene Stewart and he is looking into it.  Scott McDonough asked there feeling if he qualifies.  Eric Roberts don’t know if it’s his place, its Workforce One’s decision.  Claims challenged in the past were not won.  Scott feels it should be pursued.    

Eugene Coopes brings up the subject of ATV’s on County Roads.  What benefits would Franklin County Residents to allow ATV’ s on County Roads.  Tom Wilson said we went through this about 6 years ago and approximately 90% did not want the ATV’s on County Roads.  Eric Roberts said Ron Stallo had contacted him a couple of weeks ago, about bringing revenue into the County and suggested licenses and permits from ATV’s.  Gene Stewart was to review, there are provisions in the State Law to register vehicles for use on County Roads.  If County passes Ordinance, they would have to be licensed and would need to be insured.  Eugene Coopes responded by you are opening a can of worms, it needs to go on the ballot and let the people vote.  Don VonderMeulen don’t have intention on passing Ordinance.  Eric Roberts said if you register with the State you can get a license. 

Ron Stallo mentioned if you make ATV’s legal on County Roads, it would bring in additional revenue.  There are 32 Counties in Indiana were ATV’s are legal.  Eric Roberts said the $30.00 fee would go to the DNR, nothing would come back to the County.

 Steve Kruthaupt, if you have a patch from DNR and you are legal, wants a guarantee that a deputy won’t pick you up.  Don VonderMeulen said as he understands the law you should be able to ride on County Roads, but will get an opinion from Gene Stewart.

Stanley Monroe asked how much money you get from DNR with the fees collected.  Tom Wilson said nothing.  Stanley Monroe said if County allows ATV’s on County Roads and they get on private property, the County should be liable for the damages.

 Tracy Lightfield, E-911 Director read a statement to the Commissioners with how the situation with 911 was handled and request an executive session.  Don VonderMeulen agreed with Tracy some of the discussion should not have been brought up in a public meeting, but in an executive session.  Things have not been done in a proper way. 

 EXECUTIVE SESSION-      Executive Session to be held on Monday, May 4, 2009 @ 8:00 A.M. Personnel Issues for E-911.

CONOMIC DEVELOPMENT COMMISSION- Keith Hall, President of the Economic Development Commission reported that he is working with Myron Kanning in setting a date to work on hiring an Economic Development Director.  Also reported that they had been received a Grant for Sperry’s for installing new equipment and keeping the employees who have not been laid off and bring back some of the laid off employees.  Commissioners thanked Mr. Hall for all his hard work.

 ADJOURN            Don VonderMeulen motioned to adjourn.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

 Others Present:

John Estridge                     Darrell Smith                      Gene Eaton                        Sharon Halcomb              

Sara Duffy                           Joe Gillespie                       Harry Graves                      Stan Monroe                    

Ramzi  Nuseibeh              John Cookendorfer         Kim VonderMeulen        Martha Shea                     

Steve Collier                       Larry Kerr                            Amy Schoentrup              Jared Meyer                     

Randy Fohl                          Aaron Fohl                          Murrell Nafe                      Tony Browning

Sharon Mortashed          Garry Fohl                           Scott McDonough            Marvin A Roell                  

Kevin George                    Tim George                        Robert Pence                    Wayne Monroe                               

Tracy Lightfield                  Ray Lovins                           Jon Hundley                       Jim Day                                

Bob O’Rourk                      Dan Weigel                         E.L. Copes                           Jeff Batchler                      

Paula Keller                        Dale Kruthaupt                 Ericka Kruthaupt               Steve Kruthaupt

Ron Stallo                            Marty Hon (E & H)           Keith Hall                             Jeff Jones                           

Roy N Hall                            Kyle Fohl                              Michael Ferman               Jerry Harnishfeger                                          

 AYE                                                                                                        NAY

__E/ Eric E Roberts____________                                          ____________________________

Eric E Roberts                                                                                     Eric E Roberts

__E/ Thomas E Wilson__________                                         ____________________________

Thomas E Wilson                                                                              Thomas E Wilson

__E/ Donald M VonderMeulen____                                       ____________________________

Donald M VonderMeulen                                                            Donald M VonderMeulen

ATTEST: __S/ Susan A Jones_____________________

                Susan A Jones, Franklin County Auditor

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