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May 3, 2010 Commissioners Minutes

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FRANKLIN COUNTY COMMISSIONERS MEETING

MEMORANDUM & MINUTES

May 3, 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.

MINUTES – MOTION – Eric Roberts moved we approve the Minutes of April 12, 2010 and April 19, 2010.  Tom Wilson seconds.  Don VonderMeulen, Okay for April 12 and April 19.  Eric Roberts Motion carried.

CLAIMS – MOTION – Tom Wilson motions to approve the Claims (May 3, 2010).  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

PAYROLL – MOTION – Tom Wilson motions to approve Payroll.  Don VonderMeulen seconds.  Eric Roberts, opposed.  Not in favor of Highway Payroll, Highway is $25,234.77 in the rears, cannot understand hiring a new employee.  Motion carried.

CLERK’S REPORT – MOTION – Don VonderMeulen motions to acknowledge the Clerk’s Report for Month of March 2010.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

ECONOMIC DEVELOPMENT FOREIGN TRADES – Frank Thompson, Economic Development Director reported he had received information from the  Indianapolis Airport Authority on Foreign Trade Zone.  Explained that the Foreign Trade Zone would benefit Franklin County by attracting business to come to Franklin County.  Would increase job opportunity, lower shipping cost for business by helping to facilitate and expedite international trade, special customs procedures.  Fayette and Decatur Counties are both included in the Foreign Trade Zone.  Mr. Thompson is requesting the Commissioners sign a letter of support to be included in the service area of the Foreign Trade Zone.  This had been requested in 2009 and the Economic Development Commission had made recommendation at that time not to join, but at that time there was not enough information.  The Commission is now recommending joining the Foreign Trade Zone.  At this time there is no cost to join, but later may be a cost up to $25,000.00.  MOTION – Don VonderMeulen motioned to go on the Commission’s  recommendation to join the Indianapolis Airport Foreign Trade Zone.  Eric Roberts seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.  Frank Thompson will prepare letter for the Commissioners to sign.

PUBLIC TRANSPORTATION ARRA STIMULUS FUNDS – It was reported that Public Transportation had received ARRA Stimulus Funds to purchase (2) Mini Vans.  Contract Invoice Voucher Document # 0010803448 was presented in the amount of $71,298.00 for the Commissioners to approve.  MOTION – Don VonderMeulen made motion to sign Voucher for (2) Vans for Public Transportation.  Tom Wilson seconds.  Eric Roberts, All in Favor.  Motion carried.

CERTIFICATE OF APPROPRIATENESS – Don VonderMeulen mentioned did not receive recommendation from the Commissioners Council on Historic Metamora for Application for Dorothy Riley.  Did receive a favorable recommendation for the (2) applications that were submitted by Victor & Tamara Niceschwander for the Mount Holland House located at 19055 S. Main Street, Metamora.  Construction of a rustic water tower adjacent to existing shed located behind the house and placement of business sign facing front of property.  MOTION – Eric Roberts moved to give approval for the Applications for Certificate of Appropriateness for the Mound Holland House.  Don VonderMeulen seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.

UTILITY PERMIT AGREEMENT – Received a Utility Permit Agreement between Franklin County and Verizon North, Inc. for Vanetta Road Bridge 14.  Verizon will be placing 4 inch conduit and pulling cable thru.  MOTION – Tom Wilson moved to sign the Utility Permit Agreement with Verizon to attach a 4-inch pipe to the bridge.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.

TAX SALE AGREEMENT – Rebecca Oglesby, Treasurer had presented emails in support of GUTS for Tax Sale Services.  Don VonderMeulen was impressed with GUTS website.  Eric Roberts still wants to go with SRI, Inc. 

LPA QUARTERLY REPORT FOR INTERPRETIVE PARK DES. No. 0810351 – Don VonderMeulen signed Local Public Agency Quarterly Report on March 23, 2010 prepared by Terry Duffy for Land Acquisition cost of $689,600.00.  Don had received email that report was due on April 21st.  Also reported that the Environmental Document was approved, and the Appraisal Document was done and also approved.  Auditor Susan Jones mentioned that all documents regarding the Transportation Enhancement Grant for the Interpretive Park are to be file in the Auditor’s Office for reporting purposes for auditing of the federal grant.

ZONING TEXT – Eric Roberts reported the Area Plan Commission (APC) at their last meeting gave a No Recommendation for the Zoning Text.  The APC Members did give individual list of their concerns of the zoning text.  Tom Wilson mentioned the Commissioners have 3-options, to approve the text, vote no to the text, or amend the text and send it back to the APC.  Don VonderMeulen would like to have Michael Wilhelm advice us what to do, as to the law.  Would like for this to be done correctly, a lot of work was done and someday we need a zoning text.  Michael Wilhelm said he would have to research the law.  Don also questioned the legality of the CIC Board and how it was put together, it may have been the APC that should have put the Board together, instead of the Commissioners.  Eric Roberts mentioned there are about four points that are concern.  Tom Wilson agrees there are three/four points.  Bill Schirmer pointed out the five houses on a private lane, one acre lots, and mobile home be added his lot as temporary housing to take care of a disabled or sick relative without a permit or septic permit.  Schirmer suggested adding a sentence that the hold a class 3 hearing for the three to five houses on a private lane.  Had looked over the specifications of a private land, there should be a permit for a private lane.  Language be included that septic sites be recorded, this could be done by the Health Department.  Eric Roberts mentioned that Ordinance 2002-16 Private Sewage is already in place and read portions of the ordinance that regulates private septic systems.  Eric Roberts – The Town of Brookville had sent letter to the APC with several issues, private drives, and signs and requested an expert review the zoning text, had not heard from the other incorporated towns.  Eric said he had questions on the first three pages to make it a legal document, it is very close.  He is in favor of private drives, in favor of one acre lots in farm ground, but some language may need to be reworded.  Jerry Harnishferger, you look at their letter, they did not attend this meeting, why are they concerned now, let them explain that.  Jim Suhre, pointed out five issues the Commissioners need to look, how does it fit the comprehensive plan, the current conditions and current structures and uses in each district, the most desirable use, the conservation of property values and reasonable development and growth.  Under the current text there is a lot of farmland wasted due to road frontage.  Jim Suhre asked that the Commissioners pass the zoning text.  Dave White said the CIC had done what the Commissioners had asked and that was what the will of the people wanted and it was written in the zoning text.  Dave asked that the Commissioners make a motion to accept the zoning text.  Don VonderMeulen, there are few steps that the Commissioners need to do to make sure it is done right.  Eric Roberts, would like for our attorney to look over and review, there are some issues that liability could come back to the County.  Jean Leising said hearing the public’s concern over property rights is one of the reason that  had convinced her to run for office again.  Had urged the Commissioners to help the public face the economic crisis and do what the people want.  Said be bold, be brave and make a favorable recommendation tonight.  Tom Wilson asked Michael Wilhelm if the current zoning ordinance was legal, that the County had been taken to court over zoning issues in the past.  Michael said that the zoning code was a working, living document.  Mr. Koerber had asked the Commissioners to pass the zoning code and see how it works, can come back and modify if needed.  John Palmer said he was part of the original CIC that had worked with HNTB and recommendations were made at that time and went nowhere, don’t let it happen again.  Put an agenda and timeline together and don’t let the process go on forever, value what the CIC had done.  Had comments from Mr. Kerker, Gary Yane, John Steele, Margaret Fain, Scott McDonough, Monica Yane, Bill Schirmer, Stanley Monroe, and Jim Suhre. MOTION – Tom Wilson made motion to accept and modify that is needed in 90-days and work out differences with APC and Larry Franzman.  Eric Roberts, we don’t sign a contract without our lawyer looking it over, this is a big contract.  Don VonderMeulen don’t intend to second the motion, would like to get advice from Michael.  Eric Roberts, Tom’s motion died for lack of second.

MOTION TO CONTINUE MAY 10 COMMISSIONERS MEETING FOR DISCUSSION OF ZONING – MOTION – Tom Wilson motioned to continue the May 10, 2010 1:00 P.M. Meeting to 7:00 P.M. for Zoning.  Eric Roberts seconds.  Don VonderMeulen, All in Favor.  Eric Roberts, Motion carried.

HIRING OF E911 DIRECTOR – Aaron Leffingwell, Don Maucher and Tom Linkel, Members of the E911/Communications Advisory Board came to the Commissioners after their meeting to make recommendation that the Commissioners hire Jay Manning, this recommendation had been made at their meeting earlier in the evening.   The Advisory Board had voted 4-1 to recommend hiring Jay Manning, with the Commissioners being his Supervisor.  Then a second motion was recommend that Tom Wilson assume the role of Commissioner in charge of E911/Communications, and that motion passed 5-1.  Eric Roberts said that all the Commissioners should have say over 911.  The advisory board said all Commissioners would have access, but that Tom Wilson would be the first line of Communication.  Tom Wilson asked if Dale Maxie had agreed with this.  It was said that Dale had not attended the meeting, and this was the decision made by majority of the Board, that the Sheriff is a member of the Advisory Board.  It was also agreed that the Communications be under the control of the E911 Director.  Don VonderMeulen asked about an organizational chart and also asked if County Council had agreed to allow the E911 Director to have control over the funds.  Tom Wilson asked if County Council is going to take 911 away from the Sheriff.  Linkel said that it is his intension to  ask County Council at the next meeting.  It was said that Dale Maxie and Jay Manning had talked and they had agreed they would work together that there wasn’t an issue that they can’t take care of.  The Advisory Board said the hours would be 32.5 hours a week with no dispatching unless a fill-in was needed.  Salary would be $30,348.00.  If County Council agrees, they would like for Mr. Manning to be working full time by June 1, 2010, but could work part-time before that.  MOTION – Don VonderMeulen motions to more the Area of Responsibility to Tom Wilson.  Eric Roberts seconds.  Tom Wilson, All in Favor.  Eric Roberts, Motion carried.  MOTION – Tom Wilson made motion to follow the recommendation of the Advisory Board and after the County Council Meeting on May 18th to hire Jay Manning.  Don VonderMeulen seconds.  Eric Roberts, All in Favor.  Motion carried.   

LETTER FROM BITUMINOUS – The Board of Commissioners had received a Letter from Loren L Harding, Risk Control Consultant with Bituminous Insurance Company dated April 22, 2010.  Letter is result of training session on safety presented to the entire highway department and subsequent observations at the highway department garage.  Mr. Harding observed trucks coming into the highway department on lunch break with seat belt use at a maximum of 25% of the vehicles’ occupants in spite of the fact that seat belt use had been stressed heavily in the training session.  Also observed at this time was the fact the individuals who were getting out of trucks were basically just trying to walk out of them, swing out, or jump out.  This was totally contrary to items that were stressed during the training; the need to engage in three points of contact when climbing in and out of larger trucks and construction equipment.  Mr. Harding had made an attachment made for risk control improvement.  Commissioners need to advise to Mr. Harding within 45 days of actions to complete the recommendations and request a copy of any policy changes that are put in effect.  10-1 A policy should be established that absolutely all personnel in county owned vehicles must wear seat belts.  10-2 A policy should be instituted that employees who are engaged in operating large trucks and/or heavy equipment must enter and exit that equipment with three points of contact and not be engaged in jumping out of or swinging out of that equipment.  10-3 A policy should be established establishing the repercussions of breaking the policy rules.  Eric Roberts recommended that 1-day off without pay for not wearing seat belt, need to start cracking down.  Also need to wear safety vests.  Letter to be posted and Eric will write letter and copy letter to put with payroll checks.

HIGHWAY ENGINEER REPORT – County Line Road RA-1003 and Blue Creek Road HI-3005 culverts need replaced, George had recommended ordering a 60 foot x 84.55 costing $5,073.00 for Count Line Road and a 160 foot x 84.55 at $13,528.00 for Blue Creek Road from CPI.

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

 

OTHERS PRESENT:           

Kate Greene                      Bill Schirmer                       Keith Hicks                         

C.J. Koerber                       Carolyn Koerber               Arthur G Robinson         

Arthur D Robinson II       John L Steele                     Margaret E Fain                               

Doug Dagley                       Walt Oelrich                       Dave White                       

Paula White                        Louise Suhre                      Fred Suhre

Jerry Harnishferger         Stan Monroe                     Wayne Monroe                               

JoAnn Prickel                     Paula Keller                        Jeff Batchler                      

Daryl Kramer                      John Palmer                       Scott McDonough           

Katy McDonough             Monica Yane                      Gary Yane                          

Jean Keising                       Frank Thompson              Tom Linkel

Don Maucher                    Aaron Leffingwell            Terry Duffy                        

Carol L Zieser                     Harold Sizelove                 Cody Ritz                            

Jim Suhre                            Darrell Smith                      John Estridge

 

AYE                                                                                                                        NAY

__S/ Eric E Roberts___________                                             ________________________

Eric E Roberts                                                                                     Eric E Roberts

__S/ Thomas E Wilson__________                                         ________________________

Thomas E Wilson                                                                              Thomas E Wilson

_____________________________                                   ________________________

Donald M VonderMeulen                                                            Donald M VonderMeulen

ATTEST: _S/ Susan A Jones______________________

                Susan A Jones, Franklin County Auditor

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