Monday, October 18th, 2021

April 5,2010 Commissioner Minutes




April 5, 2010 @ 7:00 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

Attorney: Michael Wilhelm


Eric Roberts opens the meeting with the Pledge of Allegiance.

MONTHLY REPORT – Susan Jones, Auditor reported there was a Court Hearing held at 1:30 P.M. today with regards to the Expansion of the Library District.  Judge Humphrey, Special Judge had overruled his ruling that the expansion had been dissolved and Court Order was signed.  The Order was filed in the Franklin County Clerk’s Office and a copy had been scanned and emailed to the Department of Local Government and Finance.  The Monthly Report will be scheduled for the 2nd Commissioners Meeting of the Month, instead of the 1st Meeting of the Month.

MINUTES – MOTION – Tom Wilson motioned to approve the Minutes of March 22, 2010.  Eric Roberts seconds.  Motion carried.

CLAIMS – MOTION – Don VonderMeulen made motion to pay claims.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

2009 HEALTH DEPARTMENT ANNUAL REPORT – MOTION – Eric Roberts moved we acknowledge the 2009 Health Department Annual Report.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.

SRI TAX SALE ADDENDUM TO CONTRACT – Addendum tabled, GUTS Tax Sale Presentation to be at next week’s April 12, 2010 Meeting.

VETERANS SERVICE OFFICER MONTHLY REPORT – MOTION – Don VonderMeulen moved we acknowledge receipt of the March Monthly Report from the Veterans Service Officer.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

APPLICATIONS FOR CERTIFICATE OF APPROPRIATENESS – The Board of Commissioners had received (2) Applications for Certificate of Appropriateness from the Commissioner’s Council on Historic Metamora.  1)  Steve & Brenda Collier – Painting of the East Entrance landing and stairs located at 19062 Main Street (Banes House) pictures, colors and drawings attached to application.  2)  Steve Collier – New Signs for Smelly Gourmet located center of Main Street. Special consideration due to location and removal of spindle from front sign, attached to application is picture of sign to be installed.  Don VonderMeulen reported the Commissioner’s Council on Historic Metamora gave favorable recommendation to both applications.  MOTION – Don VonderMeulen moved to approve the (2) Certificates of Appropriateness.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

HUMANE SOCIETY – Eva Heyob, Teresa Miller and Theresa Abernathy, Members of the Humane Society were present.  Eva Heyob mentioned that they had started here in November 2009 and was referred to County Council, now we are back to you to pass some ordinances to control some of the animal issues.  Council agreed there is a problem and told the Humane Society that the Commissioners pass ordinances.  What do you want us (the Humane Society) to do?  Eric Roberts mentioned as he was reading the packet of material for the Spay/Neuter Program and was for bigger cities and towns.  Eve Heyob mentioned after getting into this we had contacted other Counties similar in size to Franklin County.  Also understood at one time there was a fee collected from a dog tax and it went to the way side.  The Humane Society said they would collect the fee and turn the fees over to the County to support the Spay/Neuter Program.  Eva explained that she had manned the phone for the Humane Society and most of the questions were for Vouchers for their animals to be spayed or neutered.  Reported they transport dogs to Richmond, Indiana and other cities to spay female dogs for $65.00 instead of paying $75.00.  Had 65 animals spayed/neutered in Bloomington since the first of the year for $35.00 each and also have another program if owner don’t have funds.  This would be a manageable solution, not a fix.  Eric Roberts explains that a few years ago the State had collected a dog tax through the Township Trustees and the State did away with.  The County had looked into implementing another dog tax, but at that time it was decided not to.  Eric had asked Michael Wilhelm to look into this and Michael said he would.  It was discussed micro chipping the animals, instead of dog tags that would fall off.   That way you would know who the dog belongs to if it get to the shelter.  It was said it would cost $20.00 an animal.  Eric Roberts mentioned that a Monthly SAC Report was given by the SAC Officer years ago and would be helpful to get that report again.  The Humane Society has been working with Union/Wayne and Fayette Counties and are working on putting an ordinance in place and make the pet owner more responsible and implementing fines and fees. Had presented a sample ordinance for the Commissioners to review.  Commissioners asked Michael Wilhelm to review.  The Commissioners asked for a Monthly /Quarterly Report from the Humane Society and would also want a report from the SAC Officer.

PROCLAMATION FOR MENTAL HEALTH AWARENESS MONTH – Kim Linkel and Kathy Riley Representatives for One Community One Family for the Community Mental Health.  Reported May is awareness month for Mental Health.  Kim had presented and read the Proclamation for Mental Health Awareness Month, and requested the Commissioners to sign and declare May 2010, to be Mental Health Awareness Month and urge our citizens along with all agencies and organizations interested in meeting every child’s mental health needs to unite during that month in the observance of such exercises as will acquaint the people of Franklin County with the fundamental necessity of a year-round program for children and youth with mental health needs and their families.  Their mission is to educate people of mental illness, will be working with the Schools, United Families, and Youth Groups.  MOTION – Don VonderMeulen made motion to sign Proclamation.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

REVISED INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF BATESVILLE FOR REPLACEMENT OF SMALL STRUCTURE ON HUNTERSVILLE ROAD.  MOTION – Eric Roberts moved we resign the Revised Interlocal Agreement with the City of Batesville.  Tom Wilson seconds.  Don VonderMeulen, All in Favor.  Eric Roberts, Motion carried.

ENGINEERING SERVICES FOR HUNTERSVILLE ROAD SMALL STRUCTURE REPLACEMENT – Drew Barth, Howard J Barth & Associates was present and presented an Agreement for Professional Services for Engineering Services for the Huntersville Road Small Structure Replacement for services thru the bid phase is estimated not to exceed $34,300.00, plus reimbursable expenses.  Also included for services during the construction phase is estimated not to exceed $7,000.00, plus reimbursable expenses.  Engineering Services would be shared by the Franklin County Commissioners and the City of Batesville equally.  Tom Wilson asked if ConSpan Structure was used, would fee go down.  Drew said yes, we didn’t know what type of structure was being used.  Also received a revised Proposal for Engineering Services by email from Robert Woosley, Jr. of Heritage Engineering, LLC.  Mr. Woosley was not present.  Heritage original proposal was for $35,000.00 but took off $2,500.00 for survey – no cost and $9,500.00 for ConSpan Design – no cost, bringing the cost to $23,000.00.  Tom Wilson said he did not want to sign an agreement until funds are in place, but would like to sign agreement with Barth & Associates.  Don VonderMeulen said time is the essence.  Drew Barth replied we have already started on the application; everything is complete except the structure itself.  The Permits would be the holdup.  Eric Roberts mentioned the City of Batesville and Board Members are in favor of a ConSpan Structure, they want the bridge to look good and the ConSpan is in our annual bid.  MOTION – Tom Wilson motioned to sign the Agreement with Howard J Barth & Associates for the Huntersville Road Small Structure Replacement.  Drew Barth mentioned that there would be a deduction in price is the Con Span Bridge is selected.  George Hartman mentioned that Heritage Engineering had not included the Hydraulic Study in their scope of services.  Drew said a detailed cross section would be needed to do the design. Would have the preliminary plan ready by April 26th and would plan to bid out the 1st week of May.  Don VonderMeulen said if we would select Howard J Barth & Associates he would like to have regular emails for updates on the project.  Drew Barth said yes they would and would like to have both parties (Commissioners and City of Batesville) meet at the same time to save time.  After a lengthy discussion MOTION SECONDED – Don VonderMeulen had seconded Tom Wilson’s earlier motion.  Eric Roberts, All in Favor.  Motion carried.

DRAINAGE WORK/PERMIT AGREEMENT FOR WEST POCKET ROAD STREAM CROSSING – George Hartman had presented the Drainage Work/Permit Agreement between Franklin County, City of Batesville, William A & Shirley Oswald and Constance S Deckebach for the West Pocket Road Small Structure Replacement.  MOTION – Eric Roberts moved we sign the Agreement with the City of Batesville, the Oswald’s and Deckebach.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.

WAIVE BUILDING PERMIT FEE 4-H BUILDING – Todd Raible had requested the Building Permit Fee for a 60 x 120 Sheep and Rabbit Building be waived.  MOTION – Eric Roberts moved we waive the Permit Fee for the Sheep and Rabbit Building at the 4-H Fair Grounds.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.

PROJECT HOOSIER SAFE-T MEMORANDUM OF UNDERSTANDING – Ed Hollenbach, EMA Director requested that the responsibility of the 800 MHz Radios usage of frequencies included in the Memorandum of Understanding that was signed in 2004 by the Board of Commissioners be turned over to the E911/Communication Advisory Board from the EMA.  MOTION – Eric Roberts moved that the Memorandum of Understanding signed in 2004 fall under the direction of the E911/Communications Advisory Board.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.

BROOKVILLE GARDEN CLUB – Requesting the use of the Courthouse Steps for the Annual Spring Plant Sale that is planned for Saturday, May 15, 2010.  MOTION – Don VonderMeulen motioned to approve the request.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

UNPAID LEAVE – Discussed Unpaid Leave, if someone goes over 12 weeks of FMLA Leave, we need to have a written policy if someone goes over the 12 weeks,  example would be for 8 weeks of unpaid on top of the 12 week FLMA to be approved by the Board of Commissioners.  Commissioners will review and get back with Kent Irwin to be included in the new personal policy handbook.

PAYROLL – MOTION – Don VonderMeulen motioned to approve Payroll as submitted and make copy of payroll sheet and attendance report and give to Department Head who signs the payroll for days taken tobe verified.  Discrepancy with hours on (2) E911 Employees.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

BLUE CREEK BRIDGE 94 BRIDGE REPLACEMENT – George Hartman had mentioned that INDOT had not yet issued the Notice to Proceed for the Blue Creek Bridge 94 Project.  Plans are to close Blue Creek Road to through traffic April 12, 2010.  Traffic will be detoured East on St. Peter’s Road to Highland Center Road North to Blue Creek Road.  George had recommended that larger trucks be routed East on St. Peter’s Road to State Road 1 to South Gate.  Date of Completion will be near October 1, 2010 depending on the release of the Notice to Proceed and weather conditions.

FAIRFIELD CAUSEWAY ROAD RESURFACING PROJECT – Project Plans with DES# has been submitted to Washington by John Bell, Project Manager for Butler, Fairman & Seufert.     

BRIDGE INSPECTION RFP’S – George Hartman had presented the RFP Selection Rating Sheets for the Commissioners to use in rating the Consultants for the Bridge Inspection.  Commissioners will review this week.

PUBLIC COMMENT – John Estridge mentioned that Aaron Leffingwell said he would be at tonight’s meeting for recommendation for the E911 Director Position.  Don VonderMeulen said Aaron has been talking to someone from Cincinnati answering his questions.

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


Others Present

John Estridge     Doug Dagley       Drew Barth         Kathy Riley         

Kim Linkel            Sara L Duffy        George C Hartman          Wayne Monroe                               

Michael Wilhelm              Teresa Miller      Eva Heyob           Theresa Abernathy


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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