Friday, October 22nd, 2021

November 16, 2009 Meeting Minutes




November 16, 2009 @ 9:00 A.M.

Commissioners/Council Public Meeting Room


Those Present:    County Commissioners:    Eric E Roberts    Thomas E Wilson    Donald M VonderMeulen                               

                County Auditor:     Susan A Jones

                Commissioners Secretary:    Carol Westerman


Eric Roberts opened the meeting with the Pledge of Allegiance.

WEEKLY REPORT- Susan Jones, Auditor reported the assessed values were certified to the State last week to the DLGF.  The tax sale judgment List s due to be filed with the circuit court judge today.  It was asked that longevity check be paid out November 23, 2009; pay voucher will need to be turned in this week.

2010 STIMULUS MONIES- Received information that there are 2010 Stimulus Monies available through the Indiana Office of Community and Rural Affairs for water, sewer and storm projects.  Discussed a possible water and sewer project at the County Park, Phil Harsh, EcO15 Coordinator had mentioned a job training center and could also serve as a multipurpose building for the County.  Also discussed the availability of internet be made throughout Franklin County.  Susan Craig of Southeastern Indiana Regional Planning Commission has offered to meet and discuss possible projects.

HYDROELECTRIC POWER AT BROOKVILLE DAM – The County had received a Notice of Preliminary Permit Application proposing to study the feasibility of the Muskingum Valley Brookville Dam Hydroelectric Project No. 13568 to be located at the Brookville Dam on the East Form of the Whitewater River.  The proposed project would operate in run-of-river mode and generate an estimated average annual generation of 55,000 megawatt-hours.

MINUTES- Eric Roberts moved to accept the November 2, 2009, November 9, 2009 and November 9, 2009 Executive Session Minutes.  Don VonderMeulen questioned the notes added to the payroll pertaining to E911 Comp-time be discussed further that were included in the November 2nd Minutes, they maybe should be incorporated in today’s minutes.  Eric Roberts motions to rescind to approve the minutes.

Don VonderMeulen motions to approve the November 2, 2009 Minutes striking the (2) notes and approve the November 9, 2009 Minutes with correction made with spelling error and approve the November 9, 2009 Executive Session Minutes.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

RAILFENCE ROAD BRIDGE 110 & 111 CHANGE ORDER 6- Received Change Order 6 from Clark Dietz Engineering for Railfence Road Bridge 110 & 111 Bridge Project in the amount of $2,149.60.  The change order covers the costs associated with the relocation of structure 16 sixty feet to the east.  The present location of this structure is in the conflict with a farm access road used to transport large equipment up a steep grade.

Eric Roberts moved we accept the Change Order (6).  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Motion carried.

HARRY GRAVES LIBRARY- Harry Graves of Highland Township replied he was looking for Gene Stewart and saying if he wanted to appeal the library needed to follow IC 36-2-2-28 and presented a copy of the IC Codes in which he was discussing.  Harry then presented a list of questions & answers & statements of fact to the Board of Commissioners.  Statement of facts.  1) County Council meets monthly as required by IC 36-2-3-7(4) following IC 3-2-3.5.  2) IC 36-2-3.5 specifically states County Council as legislative body and County Fiscal Body and County Commissioners as Executive.  Don VonderMeulen replied, believe this does not pertain to Franklin County.  Harry asked if County Council meetings are illegal.  3) IC 36-2-2-28 Appeal of decision of Executive requires a bond to be posted and transcript prepared by auditor before file in circuit court.  4)  No library district has been created or passed by the legislative body of Franklin County.  Harry asked, did they sign the Library District Proposal.  Questions.  1) How much was the bond required in statement 3 above?  Eric Roberts replied, we are no lawyers and cannot answer your questions.  Harry then asked if there was an appeal bond filed.  Don VonderMeulen replied, he will get these answers from Gene Stewart.  Harry replied he wants them in writing.  2)  What specific chapter of IC 36-12 was any purported Library District created?  Answer:  None no district created by legislature.  Sincerely Harry Graves.  Harry also presented a copy of County expansion Resolution 2008-14.  Harry said this was supposedly filed in 2008, it says it is recorded April 21, 2009 by Carol Monroe, also the document needs to say who prepared it.  Harry is questioning the dates on the resolution.  Eric Roberts said Gene explained this to you last week.  Harry then asked doesn’t April come before May.  Questions the date when the Library adopted and the date Commissioners adopted.  Tom Wilson stated they will try to get opinion from Gene Stewart in writing.

LETTER FROM GARY RIEVESCHL- Don VonderMeulen reads letter from Gary Rieveschl pertaining to the Library.

EMAIL FROM DON DUNAWAY- Commissioners received a letter from Don Dunaway on the County Library Status.

2010 CENSUS– Eric Roberts asked about the status for getting people for the 2010 Census.  Don VonderMeulen reported he had 3 people on the list.  Eric asked to get 12 people on the list.  Don will get with the schools for representation.  Tom asked about getting representatives from churches.

STATE ROAD 121 ROAD CLOSURE- Dale Maxie, County Sherriff reported he had talked to the Indiana State Police about the State Road 121 Road Closure with regards to Fire and EMS getting to portions of Franklin County with the detour.  Fayette County Fire and EMS said they would help out during the road closure.  Everton Fire Department also said they would help.  Tom Wilson said to make a call to Fayette County or Everton Fire Dept if needed.  Joe Gillespie, County Surveyor presented documents from INDOT on Kokomo Hill Road and Duck Creek, Stone Church and Laurel Road requesting information on damages done to these roads during their road closures.

SPRINGFIELD/ BRACKNEY DITCH & DARE DITCH- Joe Gillespie, County Surveyor reported the new tile for the Springfield Brackney Ditch should be completed this week and will be checking the progress on the Dare Ditch, which is an ongoing project.

PART-TIME DISPATCHER- Dale Maxie mentioned he needs to hire a part-time dispatcher and will be advertising for the position.

K-9- Dale Maxie also reported, Arin the K-9 Dog will be retiring the first of the year and will need to be replaced.  Mentioned the Prosecutor’s Office may help with the cost.  The total for the dog and training is $9,500.  Dale mentioned they will need $3,000 to $4,000 to add to what the Prosecutor’s Office will allow to get the $9,500.00 needed.

LONGEVITY PAY- Tom Wilson motioned to pay Longevity Pay out on November 23, 2009 and departments to have pay vouchers in by Wednesday, November 18th.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

 METAMORA REGIONAL SEWER DISTRICT MTG– Tom Wilson mentioned there will a Metamora Regional Sewer District Meeting tomorrow, November 17th to discuss the loan.  If the Sewer District defaults on the loan, they could hold the County liable.

PAYROLL– Tom Wilson motions to approve payroll, that overtime be calculated for Derrick Walton.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

PAYROLL NOTES FROM NOVEMBER 2, 2009 MEETING– Notes that were scratched from the November 2, 2009 Commissioner Minutes, to be added to November 16, 2009 Minutes.                    

NOTE:  Comp-time for Tracy Lightfield was reviewed by Tom Wilson and Susan Jones, Auditor on Tuesday, November 3, 2009 and discrepancy was found.  Copy of Letter to Tracy dated November 5, 2009 is below.

 Tracy Lightfield,

With reviewing your attendance records for compensatory time with Tom Wilson, County Commissioner on Tuesday, November 3, 2009 we had found a discrepancy on the time requested on the payroll turned in on November 1, 2009.  At this time the compensatory time requested cannot be paid until it can be investigated further.  

                                   Susan A Jones

                                  Franklin County Auditor

ALSO NOTE:  Susan Jones, Auditor also does not agree how sick time reimbursement was calculated that was requested to be paid out by Tracy Lightfield.  It was calculated on 12-day at rate of pay ($2,198.04), instead of being calculated on a 40-hour work week as stated on the salary ordinance. (24.78 days x 8 hrs = 198.24 hrs x 55% = 109.03 hrs x $14.09 = $1,536.23).

 Eric Roberts reported he had looked at Tracy Lightfield’s comp-time and previous records, there is a calculation error issue, she does not have the 294 comp-time hours she is requesting.

DIRECT DEPOSIT- Eric Roberts reported he had looked through the returns on who and who did not want the direct deposit of their paycheck.  Eric and Don still think we need to look at the direct deposit, but for now we will still issue the pay checks.


Scott McDonough – Stated cannot support using property tax to support the Library.  Scott asked if the Commissioners had received his email in regards to Gene Stewart’s defense.  Tom Wilson, said yes he did.  The question is was he representing for the best interest of the Commissioners or was he representing the Intent of the Commissioners true intent and letting the library win.  Eric Roberts, Gene asked questions and they were answered truthfully and honestly.  Don’t think Gene was on the other side.  Don’t think there was enough time to prepare.  Scott asked, what was your reason for not seconding Tom Wilson’s motion to appeal, you can still made motion to correct error.  Eric Roberts, which was not discussed in the executive session.

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

Others Present:      John Estridge     Darrell Smith                    Sara Duffy

Harry Graves        Scott McDonough      Melody Gault        Dale Maxie


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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