Friday, October 22nd, 2021

March 2, 2009 Meeting Minutes




March 2, 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 an apology and read his statement.  “I am embarrassed and ashamed of my actions on Thursday, February 26th.  I apologize to the citizens of Franklin County as well as my family and close friends.  My actions were not that of someone in my position and I take full responsibility for those actions.  Thankfully no harm was done other than to may own character and dignity.”  Eric went on to thank his family and friends for their support and to Dale Maxie for his kind works.  Eric stated asked that this be left as a personal matter not a public matter.

Eric Roberts then asked Rene Stivers to start the Pledge of Allegiance.

RED CROSS PROCLAMATION  Don VonderMeulen presented Red Cross proclamation and reads.

Whereas, the American Red Cross is the premier humanitarian organization that provides relief to victims of disaster and helps

people lead healthier, safer lives by teaching them how to prevent, prepare for and respond to emergencies; and

 Whereas, in times of disaster, the American Red Cross assists people in distress who need food, clothing, shelter and other

 necessities; and

 Whereas, all Red Cross disaster assistance is free, with funding provided by the generous donations of tie and money by citizens

in Franklin County and across the United States; and

Whereas, the American Red Cross collects and distributes thousands of units of blood to support the health and well-being of

community members; and

 Whereas, through emergency assistance and communications, the American Red Cross meets the special needs of members of

the armed forces and their families; and

Whereas, the American Red Cross is a leader in health and safety education, training people in first aid, CPR, water safety, child

care and HIV/AIDS awareness; and

 Whereas, the American Red Cross promises communities across the nation that it will be there when disaster strikes and help

cannot wait; and

 Whereas, it is appropriate to set aside time to recognize the American Red Cross volunteers, who implement these crucial

services in our state and who act as vital links to other Red Cross operations throughout the nation;

Now, therefore, We, the Franklin County Commissioners, do hereby proclaim March 2009 as American Red Cross Month.

In recognition of its contributions to the local community, and invite all citizens to take note of the observance.

               In Testimony Whereof, I have hereunto set my hand and Caused to be affixed the Seal of Franklin County, Indiana this 2nd day of March, 2009.  S/ Eric E Roberts, S/ Tom Wilson, S/ Donald M VonderMeulen


Don VonderMeulen made motion to sign Red Cross Proclamation.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.  Lisa Jones, Rebecca Oglesby and Clifford the Dog, Members of the Red Cross were present.


WEEKLY REPORT     Susan Jones, Auditor reported the Office had certified Assessed Values to DLGF on February 24, 2009.  DLGF Staff is working on the County’s Budgets and Tax Rates this week.  Sharon Halcomb, Assessor reported she has emailed her Assessed Values Files to ALS.  Becky Oglesby, Treasurer reported she is waiting for the tax statements.


REASSESSMENT BIDS FOR 2011   Sharon Halcomb, County Assessor had opened (3) bids on February 9, 2009 for the 2011 Reassessment.  They are as follows:

                                                                 Appraisal Research                          $230,675.

                                                                Nexus Group                                     $311,500.

                                                                Tyler                                                      $454,345.

Appraisal Research bids says they will be doing a digital review and will upgrade mapping and was not bid to specifications.  They are saying that they can measurer images and if something shows up then they will check out.  Debbie Eads reported yes new maps are included in the bid price.  Sharon Halcomb reported she is not sure she is comfortable with the digital images; they would take pictures of all properties.  Eric Roberts asked if the State ordered a Reassessment, would the County need to hire another vendor.  Eric asked Sharon how much she has budgeted.  Sharon said none, she would be going back for additional appropriation.  Sharon’s gut feeling is Nexus, because she has work with them on trending and new construction.  Don VonderMeulen asked where the funding comes from for the reassessment.  Sharon reported it is paid out of Reassessment; it has a separate tax rate.  Don VonderMeulen is relying of Sharon’s recommendation.

Don VonderMeulen motioned to approve the Nexus Group bid for Reassessment.  Tom Wilson seconds, is higher, but is bid to specifications.  Eric Roberts, All in Favor.  Motion carried.


CLAIMS   Tom Wilson motioned to approve Claims (March 2, 2009).  Don VonderMeulen seconds the motion.  Eric Roberts, All in Favor.  Motion carried.    


2009 MEETING SCHEDULE The Commissioners Meeting Schedule is being amended to reflect the 1:00 PM meeting for March, April and May to be at 6:00 PM and November 23rd meeting date changed to November 30th.  Tom Wilson would like to see all 1:00 meetings be at 6:00 PM.

Tom Wilson motion to adopt Resolution 2009-08 (Commissioners Meeting Schedule) for evening meetings and if they are well attended to move all 1:00 meetings to 6:00 PM.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.


2009 SCHEDULE Don VonderMeulen motions to adopt Resolution 2009-09 (Amended Payroll Schedule).  Eric Roberts seconds the motion.  Tom Wilson, All in Favor.  Motion carried.


Don VonderMeulen reported he had attended a Commissioners Council on Historic Metamora this past week.  There were (4) members present.  The Application is for Steve Beyer for property located at 10102 Columbia Street, Metamora.  The description for proposed change is to remove existing brick, plywood, masonite and misc materials and replace with 6” beveled siding and install two windows.  It was given a favorable recommendation, (2) members did sign the certificate; the other (2) did not.  They had involvement with the application.

 Don VonderMeulen motioned to approve the Certificate of Appropriateness.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.


HVA/Aqua Science, LLC has submitted a proposal for a water treatment program for the hot and chilled Water Systems at the Franklin County Courthouse.  The Cost per month comes to $91.25 or $1,095.00 per year.  Includes chemicals for normal operating conditions as listed CLT-1525 and Glycol solution not included under contract.  The Service includes Six Regular Service Visits (Every Other Month) Container Disposal, Laboratory Support Backup, Written Service Reports, Personnel Training Upon Request and Chemical Delivery.  At an additional cost at $392.85 for a 55 gallon drum of HTFP 235 Industrial Coolant and Heat Transfer Agent.  The inhibitor system is designed to protect brass, copper, solder, steel, cast iron, aluminum, and other metals commonly found in industrial cool and heating systems.

 Eric Roberts moved to accept Contract with HVA/Aqua Science, LLC for $1,095.000 for the 2009 Calendar Year for the Franklin County Courthouse.  Don VonderMeulen seconds the motion.  Tom Wilson, All in Favor.  Motion carried.

 REX    Barry Moorman and Chris Basista of REX reported that (4) crews are still working to repair Beacon, Snake and Davidson Roads.  They had also presented a Proposal to dispose of drilling mud from under the river at the Pit Area at the Transfer Station.  There will be approximately 500,000 gallons of drilling mud that is needed to be disposed of, in that would be approximately 80,000 gallons of water.  Have also presented a copy of a letter from IDEM saying it is same to dispose this material that there is not chemical found in the clay and bentonite mixture.  Don VonderMeulen has concern that the Transfer Station is a formal landfill.  Tom Wilson reported it is not now.  Barry Moorman reported that IDEM has approved the site for the disposal, can get a copy of FERC’s recommended list.  Eric Roberts feels its okay, but would like to have more documentation.  The bentonite can be used as a road base, to be used by the County Highway.  Eric asked Ed Hollenbach, EMA Director to review documents and get his recommendation.  Ed replied bentonite is used to drill well and is not considered hazardous.  George Hartman, Highway Engineer has made recommendation that the area be fenced for safety concerns.  Mr. Moorman said that would be for the County to consider. 

 Price Gregory International Inc., Contractor for the Project has agreed to pay $60,000.00 to dispose of this material.  Eric Roberts asked if it comes to more than 600,000 will we need more area and would we get more money.

 Don VonderMeulen motioned to tentatively approve and have agreement written and sign next week.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.


Judd McMillin asked to be put on the Agenda today to submit Letter of Resignation for Rene Stivers, as Director of Economic Development.  Judd McMillin reads Resignation of Employment and Acceptance of Resignation and is as follows.

 Out of my respect for the individuals who have selflessly served our county as volunteer members of the Franklin County Economic Development Corporation; out of my respect for the many citizens of our county who have the desire and the right to see their governing authorities more forward in all citizen’s best interests; and with the self assurance that I have at all times and in all measures fully, faithfully, and with diligence and integrity discharged all duties inherent under my Employment Agreement entered into with the Franklin County Board of Commissioners on October 30, 2006, due to the fact that the County has ceased to fund the position for which I was hired, I hereby resign my employment under that October 30, 2006 Agreement.

 With a continuing belief that reason and cooperation should guide our progress, and to assist in focusing our collective view toward a quick and certain reinvigoration of economic development in Franklin County, I acknowledge by the submission of my resignation that all benefits to be provided me under the October 30, 2006, Agreement terminated at 12:00 o’clock midnight on December 31, 2008.  Dated March 2, 2009 signed by James Rene Stivers.

 In recognition of the valuable services provided to Franklin County by James Rene Stivers under his Employment Agreement dated October 30, 2006, and in recognition of the spirit in which the foregoing resignation has been submitted, we accept the foregoing resignation.  Dated March 2, 2009 signed by Eric E Roberts, Tom Wilson, Donald M VonderMeulen, The Franklin County Commission of Franklin County, IN.

Don VonderMeulen makes motion to approve this Letter of Resignation from Rene Stivers.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

 Don VonderMeulen stated you have fulfilled you part of the Agreement.  Don apologized to Rene and his family for that they have gone through.

 BILL SCHIRMER    Bill Schirmer, has no questions, but has requested that all (3) Commissioners contact Trevor Lane, District Economic Development Director and asked if they are looking for shovel ready properties.  Bill reported he had proposal submitted to Franklin County Economic Development Commission was a DRAFT.  Reported that Keith Hall had brought out points that property does not set together (Schirmer and Frank’s Property) and does not include cost for infrastructure.


BRIDGE INSPECTION – George Hartman, Highway Engineer presented LPA Claim Voucher No. 16,in the amount of $3,0009.20 with $2,407.36 being the 80% Federal Reimbursement for Bridge Inspection.

 Tom Wilson motioned for Eric Roberts to sign LPA Claim Voucher.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

 STONE HOUSE ROAD SLOPE STABLICATION PROJECT – George presented Project Agreement for Franklin County Highway Department from Natural Resource Conservation Services for Franklin County to do the work and haul materials.  The Contractor will do the excavating for the project.  The Contractor would be able to start work March 16th.  Reimbursement Funds for the Project comes back to the County after the work is complete.  Eric Roberts wants to make sure Goldsmith does not get Notice to Proceed until funding is in place and appropriation goes to County Council on March 24th.  Eric feels its okay to sign Contract Agreement to USDA, but not sign the Contract or Notice to Proceed for Goldsmith. 

 Don VonderMeulen motions to sign Letter to Jim Underkoffler, USDA.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

 Don VonderMeulen motions to sign Contract with USDA.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

 Don VonderMeulen motions to sign Contract with Goldsmith Excavating for excavating and send along with award letter.  Tom Wilson seconds the motion.  Eric Roberts, All in Favor.  Motion carried.

RAILFENCE ROAD BRIDGE 110 & 111 – George presented (3) Change Orders from McAlister Excavating Co., Inc. for the Railfence Road Bridge 110 & 111 Bridge Project.  1) Revised Change Order #1 – Maintenance of Traffic.  In the amount totaling $29,546.00.  2) Change Order #2 Test Pile Restrike to do with changes with Pile and Driving Equipment Data Form for review and acceptance of the new driving system.  In the amount totaling $15,977.50.  3)  Change Order #3 – Road Closure Sign Assembly – Signs were missing from the itemized proposal, but were indicated on the drawings.  In the amount totaling $2,118.60.

 Tom Wilson doesn’t understand, we are just starting this project and have (3) Change Orders.  We have spent years on this project.  McAlister have done these jobs before.  Eric Roberts deny’s 3rd change order, was on plans, 2nd change order, Eric asked if borings were done before or after job was submitted.  George replied before and stated the technical division of INDOT is requesting this as a requirement.  Tom Wilson has question on change order 1, those field entrances were there and should have been included in the bid.  No action was taken on the Change Orders at this time.

 ENOCHSBURG COVERED BRIDGE 73 – George presented a copy of Invoice from INDOT for County’s Deposit for the Enochsburg Covered Bridge 73 Bridge Rehabilitation Project in the amount of $31,108.03.  George reports he had not seen invoice, but was faxed to him on February 24, 2009 from Hollie.  Funds have not been appropriated for this payment and is due to go to County Council on March 23, 2009.  Check has been written.

 FA-3 APPLICATIONS SUBMITTED FOR PUBLIC HEARING – George reported a Public Hearing is scheduled for March 19, 2009 to review FA-3 Applications that had been submitted for Bridges 94, 10, 48, 117 and Low Water Crossings 2701 and 2702.

 ECONOMIC RECOVERY PROJECTS  – George had presented a Email from Bill Read stating he had review the projects submitted by Franklin County and plans are not complete enough to have Des Nos. and Contract Nos. assigned to them.  Mr. Read listed what was still needed for the projects.  Joe Gillespie reported that Gene Stewart will need to look at the Speed Limit Ordinance and make recommendations.  Dan Chaddon plans are to proceed with the Huntersville Road and then work on the other projects.

 BULLFORK ROAD STABLIZATION – It has been suggested to install a Railroad Tank Shell Car to replace the culvert and widen the road.  George asked that warning signs be installed to alert drivers of the undercutting of the stream near the culvert.

VANATTA ROAD – George had recommended that guardrail be installed along bridge until replacement of the bridge is scheduled.


STAN MONROE – Asked that Official Business be limited at the night meetings to all residents more time to speak.  Don VonderMeulen said we have given citizens time to speak, we are here to conduct County Business.  Tom Wilson said Residents is County Business.

M P ALLEN – Eric you said in your statement that is private business, asked that you resign today.  I have 600 signatures or face impeachment.

SARAH DUFFY – Moving to evening meeting, learned a lot by attending meetings, it’s important to allow citizens to know what is going on and to hear you, like how you are handling meetings.

 JIM ROUCH – Asked about internet accessibility, lives on Chappell Hill Road.  He is out of work and kids are in school and need internet.  Don VonderMeulen stated there are limitations on accessibility and have attended meetings discussing this. 

EUGENE COOPES – Resident of Blooming Grove and Taxpayer, asking for resignation.

SCOTT MCDONOUGH – Questions Eric if you are not willing to resign, then step down as President.

JOHN ESTRIDGE – Suggest that the March Evening Meeting be moved to the School Auditorium, will have more people than this room will hold.  Tom Wilson suggested we check it out.  Don VonderMeulen sees no reason to justify a room that size.  Eric Roberts, Public Comment is for issues, not to put out frustrations, it’s for their concern on roads, etc.

M P ALLEN – Decisions does affect Citizens of Franklin County.

EUGENE COOPES – Want to know how the public feels about you, the people elected you.

ED ROBERTS – Referred to Eric’s Uncle.  The Meeting runs read well, this is the first meeting I had attended and all (3) Commissioners get along.  If there is a problem you go to the Commissioner in your district to discuss problems.

BRIAN PATTERSON – A year ago only 15 people have attended meeting.  Government takes control of the people.  Ask that you reserve the school or gym for the March Meeting.  You are here to listen to the people.

AJOURN        Don VonderMeulen motions to adjourn.  Eric Roberts seconds.  Tom Wilson, All in Favor.  Motion carried.


 Others Present:    Chris Basista      Barry Moorman        John Estridge     Darrell Smith     Sharon Halcomb

Debra Eads      Sara Duffy    Doug Foster     Bob Brack      George Hartman   Brian Patterson 

Carroll Lanning        Darrel Kramer           Walt Oelrich       Connie Prible Jones

Mike Brier                   Ann A Brier                         Bill Schirmer                       Ursula Roberts                  Edwin D Roberts

M P Allen            Jerry Harnishferger         Jennifer Stivers                 Pam Barton                        Susan Grinnell

Larry Franzman            Janice Kuntz                       Betty Allen                          Charles Allen                      Rene Stivers

Stan Monroe           Wayne Monroe                                Lt. Don Smith                     Greg Melbauer                 Rita Apsley

Kathie Deters          Scott McDonough            Jim Vohland                       Roy N Hall                            Ed Holmann               

Judd McMillin        Jim Roush                            Roger Miller                       Jim Day                                 Bob O’Rourk

Lisa Jones     Eugene Coopes                                Ed Hollenbach                   Betty Stivers                      Kim VonderMeulen


 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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