Monday, October 18th, 2021

June 29, 2009 Meeting Minutes




June 29, 2009 @ 1:00 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– Susan Jones spoke about taxes, budgets and deadlines for taxes which is July 10, 2009.

PUBLIC TRANSPORTATION DEOBLIGATION OF FUNDS- Cathy Pelsor, Director of Public Transportation reported they had purchased a new vehicle.  Funds of $45,000 was appropriated and $39,000 was used.  Cathy said the balance of the appropriated monies would be returned to the State as Deobligation of Funds.

Tom Wilson motioned to sign Deobligation of Funds.  Don VonderMeulen seconds the motion.   Eric Roberts, All in Favor.  Motion Carried.

METAMORA MAIL STREET PROJECT– Joe Gillespie, County Surveyor and Ed Finley of Rohe Company spoke about the Metamora street repairs needed to stop the flooding in the town.  They talked about the elevation needs to drop and needs 7 catch basins on the N side to Duck Creek.  There would be 3 placed on the East of the Bridge and 4 to the West of the Bridge. The Project would include both areas East and West of town.  If only phase 1 is completed, the flooding will end up down by the Fire Dept who already has trouble with standing water.  The sidewalks are 8-10 inches below the roadway and ends up standing and flooding household basements.  The water is coming from Main Street and this project should provide outlets for the water to go.  It won’t take care of all of the water, but most of it.  Don asked how long it would be after the project is done before it starts over again.  Ed replied that this piping will last a good 8-10 years.  The cost would be approximately $99,000 and $11,000 additional for stone.  Don also asked how we plan to pay for this.  Holly Sintz from the Highway Department explained that they would need to put in an Additional for Council’s approval since the money is not set up for this year or next year.  Joe Gillespie stated he would like to start this construction on Main Street during the month of July.  Eric asked how long it would take to complete.  Ed said approximately 8 days.  Tom suggested putting in the Additional for County Council to approve. 

Eric Roberts moved to ask Council for the $112,000. Tom Wilson seconds the motion.  Don VonderMeulen, All in Favor. Motion Carried.  Will review after the County Council meeting on July 21st.  Don asked Susan typically, how long does Appropriations take from the State and Susan replied a couple of weeks.

BLUE CREEK ROAD- Joe Gillespie, County Surveyor reported there was discussion earlier this year at an evening meeting in April of Right of Way on Blue Creek Road, and was an issue with Harry Graves.  Mr. Graves did not think the County had the right to put up road signs along his property and on the bridge.   Joe researched this and found an order from 1894 showing the road was granted a 30 ft. utility right of way for two miles along said property.  We have the right to maintain curbs, signs etc. within 15 ft of the center of roadway.  Andrew Wissell was property owner at the time.

SNOW HILL COVERED BRIDGE 102- Joe Gillespie asked Eric Roberts if he received an email about Bridge 102.  If Steve Roemer of Franklin County Water Association proceeds with what Kevin Loiselle of Clark Dietz wants, there is not enough water capacity for the sprinkler system.  If it is upgraded to a 6” line, the State will only pay for 2”.  Tom Wilson stated we should scrap the whole project.  Don asked how much is the sprinkler system is going to cost and why didn’t the original engineer know there wasn’t enough water.  Joe Gillespie said we should not incur an additional expense.  The engineers still want the $2500 re-imbursement even though the original as built drawings were incorrect.  Eric Roberts ask Joe to tell Franklin County Water not to incur any cost until we talk to Kevin Loiselle.  Don VonderMeulen asked if we put the sprinkler system in with the 2-inch water main will that handle it until at some time when a larger line is put it.  Eric asked that Joe contact Kevin Loiselle and attend next week’s meeting, along with Steve Roemer.

MINUTE- Don VonderMeulen motioned to approve the Minutes from the June 8th.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

TREASURER’S REPORT– Tom Wilson motioned we acknowledge the Treasurer’s Report (May 2009).  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

OFFICIALS BONDS– Official Bonds were approved for Dale Maxie, County Sheriff and Sharon Halcomb, County Assessor.  Don VonderMeulen made the motion.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

COURTHOUSE LANDSCAPING– Eric Roberts, are we in agreement that the $700.00 is for labor for putting in the landscape road.  Don VonderMeulen asked that Eric Roberts talk to Whitetail Acres and see what the difference is.  Top Soil and Mulch was to come out for the rock.  The Labor was or should have been included for the top soil and mulch.  Eric will talk to Andrea White of Whitetail Acres.                                       

INDIANA REGION 9 WORKFORCE BOARD APPOINTMENT– Don VonderMeulen had email to replace Phil Harsh from the Indiana Region 9 Workforce Board and Tom Linkel had agreed to accept the appointment.

Don VonderMeulen moved to appoint Tom Linkel to the Region 9 as our Business Representative Appointment.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.  Eric Roberts thanks Phil Harsh for setting on the Board.

CIC- Jim Surhe introduced the Chairman of the CIC, Dave White, along with Scott McDonough and Rick McMillin.  They have completed the task of the zoning reform with the voting on the issues coming straight from the Citizens of Franklin County.  The CIC stated that Resolution 2008-07 dated February 19. 2008 calling for the CIC to fulfill this task will come to an end at midnight and requests that the Commissioner approve a new Resolution to keep them on the Board until the duration of the project.  Dave reported the CIC had 53 Meetings with 45/50 person attending each meeting.  All meetings were advertised and 5 of those meetings we had outside resources giving presentations.  Also explained how the 16 Members of the OC Committee formed the CIC Committee.  There is still a part of the task that is not completed and a vote was taken and it is asked that future public hearings be advertised in larger print and it also be put on the radio stations and flyers be distributed and posted.  Also request the APC put there discussion in writing.  The CIC request the Commissioners extend their charter until the end of the process with the APC, Commissioners and Town Meetings. 

Jim Surhe presented the Zoning and Subdivision Code that was put together by the Franklin County Citizens.  A copy of this will be inserted in the Minutes.

Resolution 2009-25 was presented.  Process of Approval or Denial for the Franklin County Citizens’ Zoning Subdivision and Control  Code.  1.  The Citizens Input Committee and its Organizing Committee, chartered by the Franklin County Commissioners in Resolution 2008-7 on February 19, 2008, for the duration of the year 2008, and subsequently extended to June 30, 2009, is hereby extended for the duration of the approval or denial process of the Franklin County Citizens’ Zoning and Subdivision Control Code, including Area Planning Commission meetings and hearings, and Commissioner and Town Board meetings and hearings on said matter.  The group shall convene as needed during this period to answer possible questions, clarify intent and reasoning for sections of the code, and/or other issues and functions as they may arise.  2.  Funding for adequate publicizing of the proposed code, and meetings and hearings relevant to said code, including newspaper and radio advertising, fliers, postings on the county website, as well as funding for ample duplication of the proposed code, as established in practice during the CIC process, shall be continued for the length of the extended charter of the CIC.  3.  That recommendation from the APC on the Franklin County Citizens’ Zoning and Subdivision Control Code be accompanied by written reasoning for their recommendation by each member of the APC.

Tom Wilson has no problem with this Resolution.  Don VonderMeulen don’t have any problem with Resolution, but the proposed zoning code was going to the APC, and this is going to affect their budget.  The Commissioners has paid for the advertisement of the CIC Meetings.  Eric Roberts, the CIC needs to stay intact with the APC to answer any questions.

Tom made the motion to Adopt Resolution 2009-25 to extend the CIC for duration for the voting of the Code.  Eric Roberts seconds motion.  Don VonderMeulen agrees to No. 1, does not agree with No. 2 or 3.  Don VonderMeulen, No.  Eric Roberts, Motion carried.

Rick McMilln presented 11 copies of the Revised Zoning Code for the Commissioners, APC Members and Area Plan.

Jim Surhe also said the CIC has put the revised zoning code online at for anyone to view.  This will go before the APC in July for approval.

Tom Wilson thanked everyone who had input in putting the Revised Zoning Subdivision Code together.

KUNTZ FARM REPLAT OF KUNTZ FARM SD- Joe Kuntz asked the Drainage Board for approval to Re-Plat of Kuntz Farm Subdivision.  Joe Gillespie made recommendation to approve the Replat.  It was determined at that time that this proposed development does not alter the surface water drainage pattern, that the after development run-off does not exceed the before development run-off and the water that sheds from a new structure will exit the property as it did prior to development.

Eric Roberts made the motion we move as the Franklin County Drainage Board to approve the Drainage Plan for the Kuntz Farm Replat located on W Pocket Road.  Tom Wilson seconds the motion. Don VonderMeulen, All in Favor.  Motion carried. 

NOISE   Tina Brinker of West Harrison, Whitewater Twp. came before the Commissioners pleading for a noise ordinance.  She said it has gotten out of control in her neighborhood with neighbor shouting off fireworks, and the Sheriff said since there is no noise ordinance, he can’t do anything legally about it.  One option suggested by Gene Stewart was to get witnesses to sign an affidavit and forward on to the County Prosecutor.  Tom stated that there is a difference between a noise ordinance and disturbing the peace, but since this is a rural community with farmers, tractors are needed.

LPA CLAIM BRIDGE INSPECTION- LPA Claim Voucher 19 was presented from Clark Dietz for approval in the amount of $1,526.00 for reimbursement of $1,220.80, which is 80% Federal Share Reimbursement.

Tom Wilson motioned for Eric Roberts to sign the LPA Claim for Bridge Inspection Phase I and Phase II.  Don VonderMeulen seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

LPA CLAIM ENOCHSBURG COVERED BRIDGE 73- LPA Claim Voucher 2 was presented for approval in the amount of $8,321.01 for 80% reimbursement of $6,656.81.

Tom Wilson motioned for Eric Roberts to sign LPA Claim for the Enochsburg Covered Bridge 73 Rehabilitation Project.  Don VonderMeulen seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

VANETTA HOLLOW BRIDGE PROJECT- A Recommendation and Plans for the Vanetta Hollow Bridge Project had been submitted by George Hartman.  George had recommended not installing a Concrete Box Culvert.  Eric Roberts had figured the cost of the Concrete Box Culvert would total over $60,000 and that does not include bringing in a crane to install.

Joe and James Ballenger was presented and quite upset on what was in the newspaper, we are family oriented business and we don’t do things that way and asked for an apology.  Apology was given.  James Ballenger had figured there would be $800 a year savings by going with the steel grid bridge.  There will be a cost for rental of forms that will need to added to the project.  Tom Wilson asked Hollie Sintz if funds were available.  Hollie reported you would need to go to County Council and have funds appropriated.  The Commissioners asked that an appropriation be made for $77,000.00.

SECURITY CENTER HOT WATER HOLDING TANKS- Don VonderMeulen reported that Carol Westerman had put together an Additional Appropriation for $50,000 for the installation of the Hot Water Holding Tanks at the Security Center.

RESTROOM AT TRANFER STATION– A Quote had been presented for a restroom at the Transfer Station.  Eric Roberts would like to see another quote presented.

RESERVOIR ROAD TREE COMPLAINT- Wayne Monroe had presented pictures of a tree limb that is hanging over Reservoir Road.  The tree is dead and believes it belongs to the Corp of Engineers.  Don VonderMeulen reported he had asked that Brian DeFossett check this out and see who’s property it sits on.

CONTRACT FOR ENGINEERING SERVICES FOR HIGHWAY DEPT– Received a Contract Agreement for Engineering Services for the Highway Department for the Highway Department, not to exceed $1,500.00.

Don VonderMeulen motioned to accept the Contract Agreement from Ladd Engineering.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

COUNTY ROAD REPAIR/REX– John Estridge had mentioned that residents from Wolf Creek Road asked when is REX going to fix the County Roads.  It was reported that O’Mara has not been given official word as to start repairs, they are hoping next week.  Tom had talked to his Foreman and would be starting permanent repairs this week.  John mentioned that gas is to be running through the Pipeline today.  Eric Roberts asked that Barry Moorman attend a meeting.

PAYROLL– Eric Roberts moved we approve Payroll.  Tom Wilson seconds the motion.  Don VonderMeulen, All in Favor.  Motion carried.

ANDERSONVILLE SURVEY-It was reported that surveys were passed out and only 10 had returned them so far.  Don VonderMeulen stated that residents were going to fill out and submit tomorrow.

APPOINTMENT TO DISTRICT PLANNING COUNCIL FOR INDIANA HOMELAND SECURITY DISTRICT 9- Eric Roberts moved we appoint Dave Stutzman as our County’s Representative to serve as a voting member of the District Planning Council for Indiana Homeland Security District 9.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

HARRY GRAVES – Harry Graves had faxed information on June 22, 2009 included is a letter to the Commissioners and wanting it to be made a matter of the minutes.  Letter and Copies of Ordinance will be included with minutes.

MALINOWSKI CONSULTING, INC. Charles Malinowski had presented the 2008 Cost Allocation Plan for Recoveries Beginning April 2009 from the Indiana Department of Child Services.  Franklin County will be receiving reimbursement of funds totaling $54,887 annually/$13,722 quarterly.

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


Others Present

Evalena Kuntz            Sara Duffy                  Amy Glaub                          Joe Kuntz                            Angie Johnson

James D Ballenger       James D Ballenger           John Estridge                     Darrell Smith                      Joe Gillespie

Ed Finley                Hollie Sintz                Dale Maxie                         Wayne Monroe                                Stan Monroe

Tina Brinker           Steve Collier          Charles Malinowski         Ed Derickson                      Tony Schwab

Phil Harsh             Arthur G Robinson          Bob Bane                             Arthur D Robinson III      Fred Suhre

Marty Hon         Martha Bergman       Robert Braun                     Yvonne Kramer                 Daryl Kramer

Dave White              Scott McDonough            Rick McMillin                      James R Suhre                   Kim VonderMeulen

Steve Meyer                     


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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