Friday, October 22nd, 2021

July 13, 2009 Meeting Minutes




July 13, 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, County Assessor, reported she is looking to submit the Ratio Study for 2009 pay 2010 taxes.  Susan Jones, County Auditor report her office is working putting the 2010 Budget together.  Taxes were due July 10th, Treasurer’s Office working on opening mail.

 CLERK’S REPORT- Tom Wilson motioned to acknowledge the Clerk’s Report (June 2009).  Don VonderMeulen seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

 UTILITY CLAIMS                – Eric Roberts moved we approve the Utility Claims for July.  Tom Wilson seconds the motion.  Don VonderMeulen, All in Favor.  Motion carried.

Don VonderMeulen asked if we had received a corrected invoice form Mobilcomm.  It was reported that Sandy Baxter had made contact, but had not received anything to date.

 ORDINANCE 2009-08 RETAIL FOOD ESTABLISHMENT and/or BED AND BREAKFAST-Don VonderMeulen reported he had done research on the amended Retail Food Establishment and/or Bed and Breakfast Ordinance 2009-08.  The IC Code had been corrected, unnecessary language was removed and fines and fees were amended.  The fees went from $30.00 to $50.00; the prior ordinance did not have the language to enforce the fines.  This Ordinance will replace Ordinance 2003-08.

Don VonderMeulen motions to adopt Ordinance 2009-08, Retail Food Establishment and/or Bed and Breakfast Ordinance, which will replace Ordinance 2003-08.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.  Ordinance needs to be advertised.

 ORDINANCE 2009-09 RE-ZONE  GARR HILL CAMPGROUND /DARYL ZIMMER- The Re-Zone is for Garr Hill Campground/Daryl Zimmer wanting the property Re-Zoned, located at 8035 Pea Ridge Road, it is currently zoned as Recreational and Local Business and wanting it re-zoned to General Business.  Daryl Zimmer mentioned he eventually wants to have lodge and cabin rentals, full hookup and light boat repair.  Currently have limitations, as it is currently zoned.  Larry Franzman reported that the Board of Zoning Appeals gave a favorable recommendation.

Don VonderMeulen moved we adopt Ordinance 2009-09, Amendment to the Unified Zoning Ordinance (passed on the 17th day of May, 1965) for the Re-Zone from Local Business & Recreational to General Business District for Garr Hill Campground/Daryl Zimmer.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

 BOAH CONTRACT CATTLE TESTING-Tom Wilson made motion to enter into Contract with the Indiana State Board of Animal Health (BOAH) for Bovine/TB Testing not to exceed $31,680.00.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

ENOCHSBURG COVERED BRIDGE 73 NAPOLEON WATER-Napoleon Community Rural Water Corporation had submitted an Invoice totaling $4,475.00 for the Relocation of water main at the Enochsburg Covered Bridge.  Also submitted is a copy of a Utility Reimbursement Agreement dated February 15, 1996 and it states $1,900.00 for the Agreement Amount, and a copy of a Proposal dated April 27, 2009 for an additional amount of $2,575.00 for an additional 515 feet of relocation of 3” Main on the North Side of Enochsburg Road at the Covered Bridge.  Tom Wilson asked if this could be included in the cost of the Project for reimbursement.  Eric Roberts, we would need to talk to George Hartman and Jim Barker.  Eric, would agree to pay the $1,900.00, not to exceed, it was admitted it there was an error in the plans.  Tom Wilson is in favor of paying the extra amount if it can be included as a change order.  Tom will check with George to see if it can be a change order in the amount of $2,474.00, $1,900.00 was the original agreement.

 BRIDGE INSPECTION- George Hartman had submitted a Letter for the Commissioners to start proceedings for Phase I & Phase II Bridge Inspection at will begin Phase I in 2010 and Phase II in 2012.

Eric Roberts moved we ask George to initialize the 2010/2012 Bridge Inspection for Phase I & Phase II, routine inspection.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Motion carried.

STONE HOUSE ROAD SLOPE STABILIZATION USDA DE-OBLIGATION  OF FUNDS- Amendment No. 1 to Agreement No. 65-52KY-9-0021 between the United States Department of Agriculture Natural Resources Conservation Service and the Franklin County Board of Commissioners.  Agreement was entered into on March 9, 2009.  The total value of constructing the Stone House Road Slope Stabilization Project was estimated to be $100,014.45.  The Commissioners agreed to provide 25% of the cost of construction or $25,003.61.  NRCS agreed to provide 75% of the cost of construction or $75,010.84.  The project was completed by May 30, 2009.  The Sponsor submitted a SF-270 requesting payment in the amount of $62,019.85 on August 31, 2008.  This action de-obligates extra funds decreasing NRCS’ share of construction funds from $75,010.84 to $62,019.85 a net decrease of $12,990.99.

Tom Wilson motions for Eric Roberts to sign Amendment No. 1 De-Obligation for Funds for the Stone House Road Slope Stabilization Project.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

REX- Carol Westerman, Commissioners Secretary reported that Barry Moorman of Price Construction (REX) will be attending the Commissioners Meeting on July 20, 2009.

MINUTES- Don VonderMeulen motions we approve the June 29, 2009 Commissioners Minutes.  Eric Roberts, All in Favor.  Motion carried.

TRANSFER STATION NEW RESTROOM-Quotes were received for the Construction of a New Restroom at the Transfer Station.  1)  S & S Construction and 2) Bob Arcaro Construction.  It was discussed putting handicap accessibility in the new restroom.  Tom Wilson will get with those who had submitted a quote and have them quote with handicap accessible features.

E-911 ACT GRANT APPLICATION- Tracy Lightfield, E-911 Director reported the E-911 Act Grant Application is a 50/50 Grant.  Tracy said the current equipment will not be serviceable as of January 2010.  She has been working with East Central Indiana Consortium in putting the grant application to upgrade equipment.  Eric Roberts, it’s a favorable project because it’s a multi-county project.  Counties included in the Consortium are Decatur, Fayette, Franklin, Jay, Rush, Scott, Union and Wayne Counties.  Tracy reported the match would come from #911 funds.  County would also need to pay up front.  There is a $100,000.00 CD for this project.  The Grant Application needs to be submitted by Wednesday.  Right now if Franklin County’s system is overloaded or is down, calls are being answered by Union County.  Wayne County is footing the initial cost of putting the application together with no cost to Franklin County.  CML quote is $365,000.00 and covers all equipment.  Tom Wilson asked that Tracy keep the Board of Commissioners updated.  Tracy had presented a Memorandum of Understanding among the East Central Indiana Consortium for the Franklin County Commissioners Approval.

Don VonderMeulen moved that Eric Roberts sign the Memorandum of Understanding among the East Central Indiana Consortium and the Enhance 911 Act Grant Application Checklist.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.  Tracy is to get copy of Grant Application to the Commissioners and Auditor to be on file.

PHONE SYSTEM FOR SECURITY CENTER- A Quote had been submitted by Cleves Connection for the Security Center in the amount of $2,145.00.  Eric Roberts questioned the switch.  Tracy Lightfield had recommended they wait until the new recording system is put in place.  Need to talk to Dale Maxie, Sheriff before anything is done.  Eric Roberts, will put a hold on installing the new phone system in the Security Center.

 PAYROLL- Eric Roberts moved we accept Payroll.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Motion carried.               


Earsel Caudill presented fireworks that had come from the Campgrounds across the river from him.  Mr. Caudill had been to the Commissioners before with the same problem.  Don VonderMeulen, we had a suit with fireworks and suggested he go to the Area Plan Office, Larry would be able to give more information.  Would need to check into the type of fireworks.  Eric Roberts, he would check it out, there are (3) different types of classification of fireworks and not much we can do.  

 John Estridge asked who called the Executive Session.  Don VonderMeulen said he did and John said when ones were done before it was a waste of time.  Don felt things were brought out in the Council Executive Session that the Commissioners may want to discuss in Executive Session.  Don VonderMeulen asked Tom if he wanted to hold the Executive Session or not, or we can cancel.  Don VonderMeulen, issues Council was concerned about was related to Personnel.  Don invited Council to be part of a committee to address concerns they have, no one was interested.  Looking to re-organization of E-911.

ADJOURN– Don VonderMeulen moved we adjourn.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

Went into Executive Session at 11:15 A.M.

 Others Present                

John Estridge                     Darrell Smith                      Sharon Halcomb               Sara Duffy                          

Tracy Lightfield                  Scott McDonough            Tony Schwab                     Steve Collier                      

Earsel Caudill                      Wayne E Monroe             Larry Franzman                 Roy N Hall                           

Daryl Zimmer


AYE                                                                                                        NAY

__S/ Eric E Roberts______________                                     ____________________________

Eric E Roberts                                                                                     Eric E Roberts

__S/ Thomas E Wilson_____________                                 _____________________________

Thomas E Wilson                                                                              Thomas E Wilson

_______________________________                                             ______________________________

Donald M VonderMeulen                                                            Donald M VonderMeulen

ATTEST: __S/ Susan A Jones___________________

                Susan A Jones, Franklin County Auditor

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