Monday, October 18th, 2021

November 9, 2009 Meeting Minutes




November 9, 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 (absent attending Assessor/Auditor District Meeting with DLGF)

Chief Deputy Auditor:    Veronica Voelker

Commissioners Secretary: Carol Westerman


Eric Roberts opened the meeting with the Pledge of Allegiance.

FRANKLIN COUNTY WIDE LIBRARY DISTRICT APPEAL– Eric Roberts asked Gene Stewart to explain what was discussed in the Executive Session before the regular meeting about the appeal for the library.  Gene Stewart explained to Harry Graves who had concerns and questions at the last Commissioners Meeting, Gene had explained various issues that he had not addressed at the last meeting.  Discussed the merit s of some of the disclaimers, errors and omissions, how that took place, how the trial took place, what issue were brought before the trial and why the judge ruled the why he did.  Mr. Stewart said he still believes the Commissioners were within their rights to rescind the resolution.  The Judge probably looked at the time frame involved and no notice was given to the library prior to rescinding the motion.  Tom asks the commissioners to appeal.  Don VonderMeulen said, Gene did what he was instructed to do, and he agreed with the Judge’s decision.  The library service should be provided to all the taxing districts.  Eric Roberts, feels the Commissioners had a right to rescind, he was not in favor of an appeal that with all the discussion at meetings it involved budgetary issues, and that was what was the Judge’s decision was based on.

Tom made the motion to do the appeal.  Due to the lack of second motion, it died.  Eric asked Gene of he is willing to prepare resolution to send to DLGF.  Gene will get information on remonstrance from the Auditor’s Office to send to DLGF. 

Harry Graves wanted to know what the decision on the appeal was, and about the Resolution 2008-14, as with the date it was recorded, was not recorded in a timely manner.  Gene replied that that is a procedural matter and not a substantive matter, in terms of the document be recorded, and didn’t think it had any merit.  Melody Gault, Director of the Library District had mentioned the Indiana State Library’s Attorney reviewed the Resolution and the Recording of it and had said that both entities had to sign the form so it was not relevant if it took more than five days. 

Harry Graves had also questioned the legality of the October 13 Executive Session and had requested notes, minutes, emails, and recordings related to that meeting. 

REX SETTLEMENT AGREEMENT AND RELEASE- Gene Stewart presented a Settlement Agreement and Release with REX for the Commissioners to sign.  Commissioners at their November 2, 2009 Commissioners Meeting agreed to accept REX’s Offer of $3,776,466.00 for roadway damage for repairs and costs.  The Commissioners signed the Settlement Agreement and Release on this day November 9, 2009.

UTILITY CLAIMS- Donald VonderMeulen motioned to approve the Claims (November 9, 2009).  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

CLERK REPORT– Donald VonderMeulen motioned to approve the Clerk Report (October 2009).  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion Carried.

HUNTERSVILLE ROAD–  Drew Barth discussed the Huntersville Road Culvert Inspection and project and gave commissioner a proposal for Professional Services.  Donald VonderMeulen received a phone call from the Mayor of Batesville about paying for half of the project.  It was asked that the proposal be emailed to the Mayor of Batesville.  The services would provide a Structure Inspection, performing a field inspection of the small culvert, taking field measurements of the structure and stream and noting the condition of the structure, and perform an analysis of the structure load capacity.  Also provide a Report of Findings, prepare a report of the findings from the field inspection and structure analysis, provide recommendations for rehabilitation and/or replacement and prepare cost estimates of the proposed recommendations.  Compensation for Services shall be a lump sum of $5,000.00, plus reimbursable expenses.  Additional Services provided shall be billed at the Engineer’s Standard Hourly Rate in addition to the $5,000.00 fee as listed in schedule. 

SNOW HILL BRIDGE– Eric Roberts motioned to sign the title page for the Bridge Plans for the Snow Hill Covered Bridge #102 (that had been provided by Clark Dietz). Tom Wilson seconds.  Donald VonderMeulen, All in Favor.  Motion Carried.

2010 CENSUS– Eric Roberts asked to have a committee put together for any volunteers who are willing to send information out for the 2010 Census.  Tom Wilson mention two volunteers might be interested Deanna Wilson and Scott McDonough.

DIRECT DEPOSIT– Donald VonderMeulen discusses how it will benefit the employees if we switch to direct deposit.  Eric Roberts wants to talk to the employees that voted no on direct deposit.  Then decide at next commissioner meeting.

BRIDGE INSPECTION-Brent Roberts, of Butler, Fairman & Seufert presented a request for Proposals and explained how the county has to post the request for proposals for bridge inspection on the INDOT’s website.  INDOT has a portal that posts all federal projects.  Proposals are due May 2010 for the consultant. 

PUBLIC COMMENT-Joann Prickel representing the Franklin County Convention, Recreation and Visitors Commission gave an update and mentioned the November Noel was changed from being a Sunday Afternoon event on the Courthouse Lawn to Friday evening, November 20th at Whitetail Acres Nursery, starting with a Parade on Main Street.  Mentioned the Metamora’s Christmas Walk that starts November 27th and on Saturday, December 5th Oldenburg’s Holiday Under the Spires.  Joann also mentioned the $10,000.00 Grant that the Multi-County Arts Trail had received.  Eric Roberts mentioned that that Lana Lynch, Shop Owner in Metamora who is an artist had proposed ideas for promoting Franklin County with generating  funding to put up a billboard and start a county wide Business License Fee for Business to purchase in Franklin County.  Fees would be used to promote businesses.  

Harry Graves wants to know who is in charge of the Government Center and who is in charge of the front desk.   Tom Wilson said volunteers sit at the front desk.  Would like someone to talk to a volunteer, that person not talk to him.  Harry feels he is being harassed by this person.  Tom Wilson said he would talk to the volunteer.

ADJOURN– Eric Roberts motion to adjourn the meeting.  Tom Wilson seconds.  Donald VonderMeulen, All in Favor.  Motion Carried.

Others Present:

John Estridge     Darrell Smith      Sara Duffy           Gene Stewart    Harry Graves

Joann Prickel      Drew Barth         Melody Gault    Brent Roberts

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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