February 24, 2009 Council Minutes

FRANKLIN COUNTY MEMORANDUM & MINUTES

FEBRUARY 24, 2009 @ 7:00 P.M.

FRANKLIN COUNTY GOVERNMENT CENTER

COMMISSIONERS/COUNCIL PUBLIC MEETING ROOM 203

Those Present:                

County Council:                                Hollie Sintz                          Jeffery Koch       Carroll Lanning                 Bradley L Spurlock                                                                   Kenneth Rosenberger                Tom Linkel          Jason Allen        

County Auditor:                Susan A Jones

County Commissioner:  Eric E Roberts                     Tom Wilson        Donald M VonderMeulen                           

Hollie Sintz opened the Meeting with the Pledge of Allegiance.  Meeting was called to Order.

MINUTES   Brad Spurlock motions to accept the Minutes (January 20, 2009).  Carroll Lanning seconds.  All in Favor (7).  Opposed (0).  Motion carried.

RESOLUTION 2009-05 COUNTY COUNCIL 2009 MTG SCHEDULE

Hollie Sintz reads Resolution 2009-05, 2009 County Council Meeting Schedule.  2009 Meeting dates are as follows:

January 20, 2009                               July 28, 2009                                                       December 8, 2009           

February 24, 2009                            August 25, 2009                                                December 22 or 29, 2009 (if needed)

March 24, 2009                                  August 31, September 1, 2, & 3, 2009 (Budget Hearings)                               

April 28, 2009                                     September 22, 2009 (Regular Meeting & Adoption of Budget)

May 26, 2009                                      October 20, 2009                                              Note:  Mtgs start at 7:00 P.M. (unless otherwise noted)

June 2, 2009                                       November 24, 2009                                        

Carroll Lanning moves we accept Resolution 2009-05.  Jeff Koch seconds.  All in Favor (7).  Opposed (0).  Motion carried.

RESOLUTION 2009-06 ADDITIONAL APPROPRIATIONS

Hollie Sintz read Resolution 2009-06 Additional Appropriations. 

Sharon Halcomb, County Assessor reads IC Code 36-6-5-1(h) in regards to Township Trustees assessing duties transferred to County Assessor.  Sharon is requesting $32,221.00, which is the amount the Township Trustees received for assessing personal property in 2008.  Requesting a full time and part time position for her office to take on the extra work that will be coming into her office.  Also put in an additional appropriation for $32,221.00 for part time to be paid out of the Reassessment account if funding isn’t available out of the County General Fund.

Mel Wilhelm, Prosecutor Attorney is requesting an additional appropriation for a full time Secretary and extra funds for the IV-D Prosecuting Attorney to help with the extra case load that is funneling from the (2) Courts.  He currently has himself and a Chief Deputy Prosecutor, not enough time to do it all, have (2) Jury Trails next week.  Gene Stewart is the IV-D Prosecuting Attorney and would devote more time to Franklin County for the extra $27,834.00.  Right now he works (2) days a week, would work another (2), this would still be a part time position with no benefits.  Mel reported that 66% of the $22,165 his current salary that is reimbursed from the State, would try for the additional reimbursement if additional is approved.  Diane Thomas is currently working part time and has been for 2-years, would like to have the full time position.  Carroll Lanning asked that Mel check on the IV-D Reimbursement on the additional funds requested.  Judge Clay Kellerman is requesting that In-Home Detention funds be put in an appropriation to be spent.  There is currently $98,000.00 in the fund and is a User Fee.  

Carroll Lanning moved we accept Resolution 2009-06, All Additional Appropriation except County General.  Tom Linkel seconds.  All in Favor (7).  Opposed (0).  Motion carried.

Brad Spurlock motions to table County General Appropriation until next meeting.  Jeff Koch seconds.  All in Favor (7).  Opposed (0).  Motion carried.

ORDINANCE 2009-01 LAW ENFORCEMENT FUND    Mel Wilhelm, Prosecuting Attorney presented Ordinance 2009-01 creating a Law Enforcement Fund.  The fund shall consists of deposits in the form of voluntary surrender fees, reimbursement for restitution, and other law enforcement related fees recovered by the office of the Franklin County Prosecutor which are not required to be deposited in the County General Fund.

The Fund shall be appropriated for funding activities recovered by IC 34-6-2-73 and liquidations of personal or real property obtained from criminal defendants.

Monies from this fund shall be subject to appropriation in accordance with IC 3-2-5-2.

All money collected under this section shall be transferred to the County Treasurer who shall deposit said funds and disburse as the Prosecuting Attorney directs.  Any money remaining in the fund at the end of the year does not revert to any other fund but continues in the Law Enforcement Fund.

Mel stated funds can to Law Enforcement Agencies for continuing education for officers.

Brad Spurlock motioned to table Ordinance No. 2009-01 until next meeting, to allow Brad Spurlock and Dale Maxie to discuss Ordinance with Mel.  Carroll Lanning seconds.  All in Favor (7).  Opposed (0).  Motion carried.

ORDINANCE 2009-02 AMENDING SALARY ORDINANCE

Hollie Sintz reads amendments to Salary Ordinance 2009-02.  Department 136 Circuit Court, Bailiff 4161.00 to Court Reporter 4157.00 and Adult Supplemental, Court Reporter 4159.00 for $700.00 extra pay to go along with Circuit Court Reporter 4157.00.

Brad Spurlock made motion to Adopt 2009 Amended Salary Ordinance 2009-02.  Kenneth Rosenberger seconds.  All in Favor (7).  Opposed (0).  Motion carried.

RESOLUTION 2009-07 TRANSFER OF FUNDS

Hollie Sintz reads Resolution 2009-07 Transfer of Funds.

COUNTY GENERAL

FROM:  Commissioners – Emergency Contractual Services            $    11,250.00                       100-130-4316.16

TO:         Commissioners – EMS Secretary                                               $    11,250.00                       100-130-4115.00

Transferring $11,250.00 from Emergency Contractual Services to EMS Secretary.  The total salary for EMS Secretary is $22,500.00 in which Franklin County had appropriated $11,250.00 and the other half is to be paid by EMS, per contract.  Instead of EMS writing a check to Franklin County for their portion of the EMS Secretary’s salary we are transferring the $11,250.00 from the $50,000.00 the amount appropriated by County Council for Emergency Contractual Services.  With is being done, the $11,250 does to have to go through an additional appropriation, only this transfer.

Carroll Lanning moves we accept Resolution 2009-07 Transfer of Funds.  Jeff Koch seconds.  All in Favor (7).  Opposed (0).  Motion carried.

BATESVILLE ECONOMIC DEVELOPMENT COMMISSION APPOINTMENT   Rick Fledderman, Mayor of Batesville came to clarify the appointment process for the Batesville Economic Development Commission Appointment.  The Appointment is pursuant to IC 3-7-12-5 and is a joint appointment between Franklin and Ripley County.  The County makes the nomination and the Mayor makes the appointment.  Mr. Fledderman had sent a letter to both Franklin and Ripley Counties recommending Rick Green and Ripley County had made that nomination and Mayor Fledderman had made the appointment.  At the last Council Meeting Brian Patterson was nominated to the Batesville Economic Development Commission.  We are working with Franklin County to make it better for everyone.

COMMISSARY FUND REPORT FOR 2008 Dale Maxie, County Sheriff had presented the County Sheriff’s Report of Receipts and Disbursements of the Commissary Fund for the Period of January 1, 2008 through December 31, 2008.  Beginning Balance $20,772.44, Receipts totaling $33,355.62, Disbursements totaling $34,940.15, Leaving a Balance of $19,133.34.

JUVENILE COST Judge Cox mentioned HB 2008-1001 Juvenile Cost to be paid by the State.  In 2004 Juvenile Cost for the County was $21,611.00, 2005 $15,000.00, 2006 $154,555.00, 2007 $70,372.00 and 2008 $18,254.00.  The County will no longer be liable for Juvenile Cost, but need prior approval from State, or County would be responsible for cost.  Judge Cox is asking for guidance with a case that is pending with a juvenile, the County would be responsible for the cost, the State is saying No to this particular case, and it was a brutal crime.  Carroll Lanning asked what the time span would be.  Judge said the County does not set time, there are placed in Juvenile Institutions and they determine the length of stay.  Judge said there is an appeal process, if County places, then Child Services can appeal, and the County could still pay.  Judge will get names of State Legislatures and Judge Payne address for Council to write letters.

2 COURT SYSTEM  Judge Cox reported that he and Judge Kellerman have gone to great expense not to add cost the County General Funds.  Responding to the Prosecutor’s Office complaint of the back log.  The Courts do not create work; the courts react on case load that is brought to us.  Have consulted long hours on how to schedule court expansion and are working closely with the Prosecutor’s Office with cases.

LITTLE LEAGUE  Judge Cox reported he had spoke to Steve Fields and he and Judge Kellerman support the Little League Association and would help out with funding if needed, to compensate the time for personnel to open the County Park early for the Little League to start practice, before the Park officially opens.  It is good to keep young hands together to keep youth focused and out of trouble.

FRANKLIN COUNTY YOUTH BASEBALL LEAGUE  Steve Fields presented a Copy of a Letter drafted by Joe Arnold.  Basically we are behind as with our surrounding leagues.  Mr. Fields said he had spoken to Eric Roberts last week and instead of the Little League paying additional fees for guard to open up the County Park, schedule employees to work different hours.  Jeff Jones, President of the Park Board reported the Park Board had put in an additional $1,000.00 to cover the cost of bringing in guards early and the Council voted to go back to the 2008 budget, funding was not appropriated.  Mr. Fields reported they have a truck that has donated lime for the fields and not getting cooperation from the Park Board to let us in.  Jeff Jones reported the park employees are there every day from 7:30 to 3:00 to have access to the fields.  Steve Fields replied we are volunteers and can only work on it in the evening.  Have requested a key to the Park and was told it a liability issue.  Judge Cox and Judge Kellerman have granted funds for the Little League.

ECONOMIC  DEVELOPMENT Rene’ Stivers thanked the County Council for allowing him to speak and Read a Statement to Council.  Thank you for this opportunity to speak publicly concerning the numerous accusations made against me.  These accusations have been uncaring and unjust and have been made without basis.  They have been hurtful to myself as well as my family and friends.  As the records show, I did not have access to any of the County or Corporation funds.  The records show that the property that I have from the Economic Development room in the Government Center is my personal property.  Also, a full accounting of all activities of the Franklin County Economic Development Corporation will be presented showing that all public funds were held and used solely for the public’s benefit.  I have always had the well being and best interest of the citizens of Franklin County n mind.  Dated February 24, 2009 and Signed James Rene’s Stivers.

Judd McMillin presented a packet of information tiled Moving Forward together for Economic Development.  The Franklin County Economic Development Corporation:  Giving Back to the County.  Thanked Susan Jones, Auditor and Staff for help with information in putting this packet together.  See Attached Packet of Information presented.

Jason Allen stated the County Council owes the gentleman on the Cooperation and Rene’ Stivers an apology.

LETTER OF RESIGNATIONFROM BUTCHWILLIAMS  Donald L (Butch) Williams presented a Letter of Resignation to Council Members stating:  In December of 2008 the Franklin County Council decided to re-establish the Franklin County Economic Development Commission.  I agree that was a very wise decision.  You as a Council ask me to serve as your appointee to that board.  I accepted and have done my best to represent the County Council and the Citizens of Franklin County.  Now due to personnel reasons I must ask you to accept my resignation from that appointed position.  I hope that the County Council and all others involved in County Government will push on to promote economic development for the Citizens of this great county.  Best Regards.  Signed Donald L Williams.  Dated February 22, 2009.

Brad Spurlock moved not to accept Butch Williams resignation until he talked to Butch.  Jeff Koch seconds.  All in Favor (7).  Opposed (0).  Motion carried.

ECONOMIC DEVELOPMENT COMMISSION REPORT Keith Hall, Member of the Economic Development Commission presented to the County Council a Job Description and Qualifications for the Franklin County Economic Development Director.  The Director would report to the Franklin County Economic Development Commissioners.  The Business Purpose of Job would be retention and expansion of existing businesses and industry and attraction of new businesses or industry.  List Responsibilities of Job and Qualifications, Skills, Knowledge and Abilities.

BILL SCHIRMER Bill Schirmer, Property Owner in South Gate reported he has been working on Grant Application for the City of Lawrenceburg for his property and property owned by Jeff Franks on Golden Road.  Will be presenting to the Economic Development Commission.

HARRY GRAVES                Harry Graves asked several questions regarding Economic Development that had been answered earlier in the meeting.

M P ALLEN Melvin P Allen mentioned the ad in the newspaper to remove VonderMeulen and Roberts had received 600 vouchers, had numerous calls, letters asking them to resign.

STIMULUS FUNDS Jeff Koch reported that Jean Leising hand mentioned to him that there may be a chance for the State of Indiana to receive Bail Out Money and Franklin County may have a change to receive some funding.  Had asked for a list of Projects from Franklin County.  Eric Roberts reported that Franklin County has submitted (3) Federal Aid Bridge Projects that could be possibly shovel ready and (13) other road projects.

ADJOURN Brad Spurlock motioned to adjourn.  Carroll Lanning seconds.  All in Favor (7).  Opposed (0).  Motion carried. 

Others Present

Steve Fields                        Brian Patterson                 Caroline Allen                    Charles Allen                     

Betty Allen                          Dick Williams                      June Williams                     Keith Hall                            

Sara Duffy                           Dennis Kolb                        Darrell Smith                      John Estridge                    

Harry Graves                      Mel Wilhelm                      Carol Westerman             Clay Kellerman                 

Steve Cox                            Eugene Copes                   Ernie Combs                       Bob Barton

Pam Barton                        Tina Flaspohler                  Darrell Flaspohler             Rita Apsley                         

Connie Ortman                 Edward L Ortman             Maryann Deffner             Delores Gillman                               

Jennifer Stivers                 Rene Stivers                       Louis E Linkel                      Bill Schirmer                      

Jerry Hunt                           Connie Gayda                    Sharon Halcomb               Ruth Estridge                    

Jeff Jones                            Rick Fledderman              Randy Johnson                 Tom Deters

Kathie Deters                    Keith Tebbe                       Jim Wieleman                    Patsy Wieleman              

Joan Lohrey                        Ray Lohrey                          Jill Moorman                      Mike Biltz           

AYE                                                                                        NAY

__S/ Hollie Sintz______________                          ______________________

Hollie Sintz                                                                          Hollie Sintz

__S/ Jeffery C Koch____________                        ______________________

Jeffery C Koch                                                                   Jeffery C Koch

__S/ Kenneth J Rosenberger_____                        ______________________

Kenneth J Rosenberger                                                  Kenneth J Rosenberger

__S/ Bradley L Spurlock_________                         ______________________

Bradley L Spurlock                                                           Bradley L Spurlock

__S/ Carroll Lanning____________                        ______________________

Carroll Lanning                                                                  Carroll Lanning

__S/ Tom Linkel________________                     ______________________

Tom Linkel                                                                          Tom Linkel

__S/ Jason Allen________________                    ______________________

Jason Allen                                                                         Jason Allen

ATTEST:  __S/ Susan A Jones__________________________

                  Susan A Jones, Franklin County Auditor